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Public inquiries

Business Legislation Public inquiries Quebec Quebec Superior Court Rulings White-collar crimes

Quebec companies barred from bidding on public contracts have little chance of obtaining legal relief

Companies that have been barred from bidding on public contracts stand little chance of obtaining injunctive relief that would temporarily suspend a new law aimed at curbing corruption in the construction industry, following a closely-watched ruling by Quebec Superior Court.

In the wake of allegations of bribes, collusion, influence peddling, and widespread corruption in the construction industry, corroborated by testimony before the Charbonneau commission, the Quebec government passed legislation last December that compels companies to obtain a seal of integrity if they wish to bid on the billion dollars in contracts awarded annually in the Quebec public sector.…

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Barreau du Quebec Public inquiries Quebec White-collar crimes

Damage control: Quebec’s professional corporations

The professional corporations overseeing lawyers and engineers declared recently that they now intend to get even tougher on crooked professionals. Zero tolerance, declared Nicholas Plourde, who stepped down earlier this month as the head of the Quebec bar. The president of the Quebec engineering professional corporation stated that his organization is “determined to get to the heart of the matter and restore public trust.”

Following a parade of arrests made by the province’s anti-corruption police unit and troubling revelations disclosed by Quebec's inquiry into allegations of corruption and construction-industry wrongdoing, the reputation of lawyers has been sullied and the standing of engineers in tatters.

All of which begs the question: how effective is the oversight of Quebec’s professional corporations? …

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Civil Code of Quebec Public inquiries Quebec

Witnesses testifying in public inquiries NOT necessarily protected

The lead counsel of a commission of inquiry into allegations of corruption in Quebec’s construction industry inadvertently found himself in the spotlight over a thorny legal question surrounding the immunity of witnesses who testify before the inquiry.

Sylvain Lussier, lead Commission counsel of the Charbonneau Commission, said that the sworn testimony of witnesses who testify during commissions of inquiry cannot be used against them in criminal proceedings. But the same may not hold true for civil proceedings.

He then backtracked after his team ostensibly examined the jurisprudence, and asserted that witnesses are protected from civil suits.

Except that Lussier said nothing new.…

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