Law in Quebec

News about Quebec legal developments


Barreau du Quebec

  • Imposed settlement leaves bitter taste

    Days after the Quebec government enacted back-to-work legislation that compelled striking Crown prosecutors and government lawyers, a movement appears to be afoot to mollify the rancorous atmosphere reigning between the principle actors of the province’s justice system.

    It’s not going to be easy.

    Louis Dionne, director of criminal and penal prosecutions, met with Quebec’s chief prosecutors and assistant chief prosecutors, the majority of whom asked for reassignment in a show of support with striking lawyers, for a five-hour stretch in Quebec City. Dionne, who refused to grant the reassignments, described the meeting as being “constructive.” He also admitted that the Quebec Crown is in need of “oxygen.”

    But for many it’s too little, too late. The association representing Quebec crown prosecutors called for Dionne’s resignation, saying he should have spoken up during the labour conflict, and not after the back-to-work legislation was adopted. “Crown prosecutors do not understand, and are even angry, that their boss did not publicly come to their defence at a time when the Quebec criminal justice system was living through its worst crisis,” told me Christian Leblanc, the head of the Quebec crown prosecutors association.

    The imposed settlement has been harshly criticized by Quebec’s legal community. One lawyer told me that lawyers – and judges — are discouraged by the turn of events. Another said that, while he is optimistic by nature, he is pessimistic that things will get better, adding that successive Quebec governments have paid little heed to the administration of justice.

    In a letter to its 23,000 members, the head of the legal society the Barreau du Québec, said that the government has ruptured the bond of trust with public sector lawyers by enacting back-to-work legislation – a rebuke that a former Barreau administrator described as being too little, too late.

    Morale is low, and the repercussions will likely reverberate throughout the corridors of justice for quite some time. Unless the Quebec government has a change of heart and begins to seriously address issues that need to be grappled with, assert legal observers, the very same that say that it is not likely.

  • Top crown prosecutors resigning

    The high-stakes poker game has begun.

    The Quebec government is in the midst of tabling back-to-work legislation to end the two-week dispute with provincial crown prosecutors and government lawyers. It appears that Bill 135 will hand lawyers working in the public domain a six per cent increase until 2015, a far cry from the 40 per cent hike sought by crown prosecutors and government lawyers in order to attain parity with provincial and federal colleagues.

    In riposte, senior crown prosecutors are resigning from their management positions. Claude Chartrand, Quebec’s chief organized crime prosecutor, set the balling rolling when he tendered his resignation — and so far ten 40 out of of his 50 colleagues followed suit today. More are expected.

    In his letter of resignation to Louis Dionne, director of criminal and penal prosecutions, Chartrand said the province does not have enough prosecutors to proceed against 155 Hells Angels members charged with money laundering in the wake of Operation SharQC, a police crackdown on the biker gang. The SharQC legal team is composed of ten crown prosecutors, a figure that is supposed to be 16.

    In the meantime, the provincial legal society, Barreau du Quebec, has denounced the back-to-work legislation.

  • Bastarache commission: Respected counsel caught in the maelstrom

    The lead counsel who resigned from the Bastarache Commission after being caught in a maelstrom that raised doubts over his impartiality “deeply regrets” missing the opportunity to leave at the twilight of his career his imprimatur on the inquiry into alleged political interference in the nomination of judges.

    Barely a week after being appointed as the chief prosecutor by former Supreme Court justice Michel Bastarache, Quebec City lawyer Pierre Cimon bitterly submitted his resignation after becoming the target of intense scrutiny from the media and opposition in the legislature following revelations that he had regularly contributed to the Quebec Liberal Party. Between 2002 and 2007, Cimon made five donations ranging from $250 to $500 – far less than what he gives to the Barreau du Québec’s Foundation or his local parish.

    “I donate to the local parish even though I am not a churchgoer,” said Cimon. “I donate because I believe churches play an important social role. It doesn’t mean that I practice and believe in the church’s dogma or agree with Cardinal Marc Ouellet’s position that abortion should be criminalized. The same holds true for the donations I made to the Liberals. I am a federalist, and that was the only place I could donate.”

    (more…)

  • Plain language making inroads in Quebec

    In what appears to be a clear sign that the Quebec legal profession has begun to embrace the plain language movement, a guide aimed at lawyers written and published by the Barreau du Québec has proven to be so popular that the law society ran out of copies two days after making it available. (more…)

  • Quebec rulings declare rules on impaired driving unconstitutional

    Days before Canada’s toughest impaired driving laws came into effect in British Columbia, two partially-conflicting Court of Quebec judgments have thrown into doubt the fate of changes introduced two years ago by the federal government that strengthened drug-impaired driving rules.

    In a 160-page comprehensive ruling that provides a broad overview of impaired driving litigation in Canada, Court of Quebec Justice Pierre Lortie ruled that the new amendments dealing with impaired driving offenses introduced by Bill C-2, the Tackling Violent Crime Act, were unconstitutional as it infringed the presumption of innocence as guaranteed by the Canadian Charter of Rights and Freedoms (Charter). Judge Lortie also concluded that the provisions did not constitute reasonable limits as per s.1 of the Charter, and declared s. 258 c, d.01 and d.1 of the Criminal Code null and void.

    But in a separate recent ruling, another Court of Quebec judge ruled that the amendments were only partly unconstitutional. In a 51-page ruling, Justice Conrad Chapdelaine concluded that the presumptions of identity set out by s.258 (1)c) and s. 258 (1)d.1) of the Criminal Code infringe s.11(d) of the Charter. But unlike Judge Lortie, Justice Chapdelaine found that the presumption of accuracy foreseen in s.258 (1)c) of the Criminal Code did not violate the Charter. Nor did he find that the restrictions imposed by the legislator that precludes the use of evidence — such as the amount of alcohol the accused consumed and the rate at which the alcohol that the accused consumed would have been absorbed and eliminated by the accused’s body —  to demonstrate that an approved breathalyzer instrument malfunctioned violated the Charter. (more…)

  • Appeal for broader access to legal aid snubbed

    A call by the Barreau du Québec to broaden access to legal aid by relaxing financial eligibility thresholds was quickly dismissed by Quebec Justice Minister Jean-Marc Fournier who declared that the provincial government can’t afford to inject more monies into the province’s government-funded legal aid program.

    Before considering reforms, the Quebec government intends to see through a five-year plan launched in 2005 that confers annual indexation coupled with marginal increases of legal aid eligibility thresholds, added Fournier, who articled at a Montreal legal aid office in 1982.

    “There are always requests for increased government assistance but that must be balanced with the capacity of the State and its citizens to pay,” said Fournier at a scrum shortly after the Barreau summoned the government to enact legal aid reforms. “So for the time being we are going to apply the play adopted five years ago.”

    (more…)

  • Law society urges improvements for people suffering from mental illness

    The figures are disturbing. Barely five per cent of individuals facing a motion ordering their psychiatric confinement were represented by a lawyer before the Court of Quebec in the small town of Alma in the Saguenay–Lac-Saint-Jean region. In neighbouring Chicoutimi, the figures over a ten-year stretch between 1998 and 2008 were just as appalling. The situation was not much better in Montreal, with less than 25 per cent of individuals facing the same fate even present at such hearings, and of those scarcely half had legal representation.

    Spurred by the wrongful conviction of an intellectually disabled Quebec City man who served six years in prison after confessing to a series of sexual assaults that a DNA test proved he did not commit, a sober report penned by a nine-member committee of the Barreau du Québec issued a slew of recommendations to improve the way the provincial justice system deals with people afflicted with mental illness or suffering from intellectual disabilities.

    “We must absolutely find ways to treat people with mental illness or the intellectually handicapped just like every other citizen,” remarked Jean-Pierre Ménard, a Montreal lawyer specializing in health and medical liability who was part of the committee. “People who are afflicted with mental health problems face atypical legal procedures that infringe fundamental rights. So it is unacceptable that the justice system allows these people to be treated without the right to defend their rights.” (more…)

  • Quebec government engaged in illegal practice of profession, alleges lawyer’s union

    Quebec’s two law societies have concurrently launched an investigation to determine whether agencies, departments and ministries of the Quebec government are employing and hiring civil servants who are engaged in the illegal practice of the legal profession, following grievances lodged by an organization representing provincial government lawyers.

    (more…)

  • Quebec Bar pushes boundries once again by publishing practical guide to justice

    When Dyane Perreault came across a study that revealed that Quebecers were baffled by the differences between legal aid, legal assistance and legal expense insurance, she immediately felt she had fodder for an article aimed at the general public.

    But shortly after broaching the idea with Protégez-Vous, an independent Quebec non-profit consumer organization whose widely-read and respected flagship publication has 35,000 subscribers, the head of member services for the Barreau du  Québec realized that the project was going to be larger and more time-consuming than originally intended. Demonstrating once again a flair for delving into new unchartered frontiers for Canadian law societies, the short story Perrault had in mind evolved into a 72-page magazine aimed at lifting the mysteries surrounding the Quebec judicial system.

    (more…)

  • Lights, camera, action – Quebec law society in the TV business

    The Barreau du Québec, seemingly blessed with a knack for pushing the boundaries over the raison d’être of a professional corporation, is now in the television business.

    In association with the French-language public educational television network Télé-Québec, the Barreau recently launched a television series on a popular French-language cable station called Canal Savoir. Entitled “Le Droit de Savoir,” a play on words that literally means “right to know,” the show boasts being the only television series – at least in Quebec – devoted to legal information. On air as of September 17, the television show will broadcast 13 episodes of 27 minutes each on Thursday evenings. Each episode will be re-broadcast four times a week as well as be available on the show’s website.

    “People have a thirst for legal information that explains their rights and obligations,” remarked Michel Doyon, the former batonnier who spearheaded the project. “Law is complex and misunderstood, and people’s knowledge of law emanates from all over. We want to make it more accessible.”

    (more…)

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  • Practice Management Reviews: “And there you stand exposed”

    When Ishwar Sharma, a Toronto criminal and immigration lawyer practicing in the heart of “Little India,” received a phone call from a practice management reviewer from the Law Society of Upper Canada to schedule an appointment, his heart began thumping.

    Sharma had misgivings, and was filled with apprehension over the notion that an outsider working for the profession’s regulatory body was going to spend a day at his office, asking questions and sifting through books, files and records to ensure that his practice management was in compliance with established standards.

    “And there you are standing exposed,” says Sharma wryly.

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  • Back to school for Quebec lawyers

    Following in the footsteps of the Law Society of British Columbia, the Barreau du Québec is compelling all of its 23,000 practising lawyers to go back to school as of this month and complete no fewer than 30 hours of approved continuing legal education courses every two calendar years to remain in good standing.

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  • Pro Bono Quebec hopes to improve access to justice

    Three years after Guy Pratte and Alexander De Zordo convened a meeting with the managing partners of Montreal’s top law firms and the chief justices of Quebec courts to discuss the necessity of adopting a pragmatic approach towards pro bono, the Barreau du Québec finally forged ahead and recently announced the creation of a new not-for-profit organization, making Quebec the fifth jurisdiction in Canada to adopt a coordinated approach to pro bono service delivery.

    “We got the ball rolling,” De Zordo said humbly, a partner and regional chair of the Borden Ladner Gervais Pro Bono Committee in Montreal and member of the provisional board of directors of the new entity. “We found that the attribution of pro bono work was not as well structured in Quebec as in the other provinces. Everyone was in agreement.”

    (more…)

Law in Quebec
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