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Court of Quebec

Court of Quebec Criminal Code of Canada Criminal justice Quebec Rulings

Employer found guilty of manslaughter following fatal work accident

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code.

Why it matters: It is extremely rare for employers to be charged with criminal negligence and manslaughter.

What's next: The contractor is scheduled to be sentenced in May. “I’m eagerly looking forward to the sentence – that’s where we will see what kind of message the courts will send,” said a health and safety lawyer. “If he ends up in prison, that to me will have much more of an impact than a guilty plea.”…

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Business Court of Quebec Quebec White-collar crimes

Montreal man ordered to pay largest fine ever issued for Quebec securities offences

A Montreal man was fined $11.2 million, the largest fine ever issued in Quebec for securities offences, and sentenced to a three-month jail sentence for fraudulent penny stock practices commonly referred to as “pump and dump” scheme.

Jean-François Amyot is among one of five people and two companies that plead guilty to charges laid against them by the Quebec financial watchdog, Autorité des marchés financiers, nearly three years ago during a trial earlier this year.…

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Court of Quebec Legal business Quebec Quebec Superior Court

Quebec Superior Court judges launch suit against governments

In an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.

The suit against the Attorney General of Canada and Quebec is seeking a declaratory judgment to determine whether the Quebec government has violated the Constitution Act, 1867 by giving the provincial court exclusive jurisdiction to hear claims over $10,000.

The constitutional challenge, initiated by Quebec Superior Court’s chief justice, senior associate chief justice and associate chief justice, also questions whether the Court of Quebec has the jurisdiction to hear appeals from administrative tribunals.…

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Court of Quebec Quebec Quebec Superior Court

Number of photo radar tickets issued in Quebec has dramatically plunged

The number of photo radar tickets that have been issued has dramatically plunged over the past couple of months following two decisions that called into question the rules around the province’s use of the automated speed and red-light enforcement technology.

According to figures compiled by the Quebec transport ministry that the French-language tabloid Le Journal de Québec obtained through access-to-information requests, only 309 photo radar tickets were issued in May 2017 compared to 41,721 in November 2016. Government coffers have borne the brunt: In November 2016 the provincial government was able to recoup $5.4 million compared to a meagre $95,000 in May 2017.

“It’s been quite a while since we have received requests to challenge photo radar tickets,” told me a Montreal lawyer working for a law firm that specializes in challenging tickets.…

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Court of Quebec Quebec

Court of Quebec Judge acted as a private lender before being appointed

A recently appointed Court of Quebec judge has lent more than $9 million in loans over the past few years, according to an investigation by a French-language newspaper.

Judge Manlio Del Negro, who was formally inducted as a Court of Quebec judge yesterday during a ceremony held at the Montreal courthouse, allegedly provided more than 45 loans from 2006 to 2017 before being appointed as a judge this spring, according to the Journal de Montréal.…

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Court of Quebec On the move Quebec

Quebec government appoints three new judges

The Quebec government is ramping its judicial appointments to ease the growing backlog of cases in the justice system.

Quebec Justice Minister Stéphanie Vallée announced the appointment of three new Court of Quebec judges, making it the 20th judge the provincial government has appointed this year.

Last December the Quebec government announced it was going to pour $175.2 million over the next four years to recruit new judges, prosecutors and support staff to help curb mounting court delays. So far the Quebec government has hired 52 Crown prosecutors and 50 support staff, 38 correctional services officers, 16 special constables, 32 probation officers and more support staff at the Quebec Ministry of Justice. All told more than 300 have been hired.…

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Court of Quebec Quebec Quebec Court of Appeal

Quebec judge may be a step closer to being removed from the bench

A Quebec judge who refused to hear a quarrel between neighbours and emphatically insisted that they negotiate a settlement may be a step closer to being removed from the bench after the Quebec Court of Appeal announced it will launch an inquiry on his conduct following a request by the Quebec Minister of Justice Stephanie Vallée.…

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Class actions Court of Quebec Quebec Quebec Superior Court Rulings

Photo radar under the gun in Quebec

Photo radar tickets are under the gun in Quebec, following a series of decisions that have put thousands of tickets in jeopardy after the courts called into question the rules around the province’s use of the automated speed and red-light enforcement technology.

The fallout from the precedent-setting decision that held that evidence from the current photo system is “inadmissible” and “illegal” is already beginning to be felt at a time when Quebec is increasing the number of photo radar sites.…

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