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. (more…)
Court of Quebec
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Quebec judge may be a step closer to being removed from the bench
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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. Shortly after the landmark ruling issued in late November by Judge Serge Cimon of the Court of Quebec, another Court of Quebec judge heeded his guidance and tossed out 422 photo radar tickets. More recently still, two Montreal lawyers have filed two separate motions seeking authorization for class action lawsuits against the Quebec government to have hundreds of thousands of speeding and red-light tickets issued with photo radar evidence thrown out or refunded.
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Revenue Canada investigation highly reprehensible, says court
A “highly reprehensible” and illegal probe by the Canada Revenue Agency that failed to draw the distinction between a civil tax audit and a criminal tax investigation has put into jeopardy several tax evasion criminal cases involving Quebec construction companies and corruption charges against former federal civil servants, according to tax experts.In a precedent-setting ruling that appears to bring more clarity to the leading Supreme Court of Canada decision in R. v. Jarvis , [2002] 3 SCR 757, Court of Quebec Justice Dominique Larochelle held that the evidence produced to charge the owner and three other company officials of a Montreal company, B.T. Céramiques, was obtained illegally because federal tax officials crossed the “Rubicon” and failed to inform the taxpayers that the inquiry had turned into a criminal investigation, thereby breaching their right to freedom from self-incrimination and right to reasonable expectation of privacy guaranteed under s.7 and s.8 of the Charter of Rights and Freedoms.
Categories: Accounting, Canadian Charter, Court of Quebec, Quebec, Rulings, Supreme Court of Canada, Tax -
Appeal court provides guidance on workplace investigations
A controversial lower-court ruling that ordered a Montreal lawyer to pay moral damages to a college teacher for pain and suffering after an investigation she had headed into psychological harassment complaints breached the duty of procedural fairness was overturned by the Quebec Court of Appeal in a precedent-setting ruling that provides guidance on workplace investigations.
In a closely-watched ruling by the business and legal community, the Quebec Court of Appeal held that workplace investigations are “intrinsically linked to an employer’s exercise of power in matters of management and discipline,” and therefore do not have to abide by the same procedural fairness standards applied in administrative law.
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University research group ushering justice system into digital age
An online dispute resolution pilot project to resolve small claims court cases is scheduled to be launched this fall by the Quebec government thanks to efforts by a university research group that wants to usher the justice system into the digital age.The alternative dispute resolution open source and interoperable software program is the latest innovative offering developed by the University of Montreal’s Cyberjustice Laboratory, a unique and world-class research organization that strives to put information technology at the service of the judicial system in order to make it more accessible, more efficient and more affordable.
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Amount of legal fees no longer necessarily protected by solicitor-client privilege
The amount of legal fees paid to lawyers is no longer automatically deemed to be protected by solicitor-client privilege following a recent ruling by the Court of Quebec that appears to be in conflict with guidance given earlier this year by the Quebec Court of Appeal, according to some legal observers.
In a ruling that will be the subject of a judicial review by Quebec Superior Court, Justice Diane Quenneville held that while billings are prime facie protected by professional secrecy because it generally contains a description of accomplished tasks, services rendered and often advice given, the amount of legal fees paid to a lawyer is not necessarily protected by professional secrecy.
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Risk management advisors must be registered with the provincial securities regulator, says court
Independent risk management advisors must be registered with the provincial securities regulator in order to carry on advisory activities related to insurance product offerings, following a precedent-setting ruling by the Court of Quebec that is being hailed as a victory for Quebec consumers by insurance and legal experts.
Up until the ruling Quebec consumers had no recourse against risk management advisors because they operated outside the scope of An Act respecting the distribution of financial products and services (Act) thanks to a loophole in the law.
“This ruling sheds light on what has been considered to be a grey zone,” noted Sylvain Théberge, a spokesman with the Autorité des marchés financiers (AMF), the regulatory and oversight body for Québec’s financial sector. “It’s not because you are an unregistered risk management advisor that the repercussions of the advice being offered will have less of an impact than a consultant who is duly registered. The ruling clearly states that by the very nature of their work these consultants must be duly registered.”
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Committee recommends a modest salary increase for Quebec judges
Days before the Quebec government enacted a contentious back-to-work legislation to end an acrimonious labour standoff with its Crown prosecutors and government lawyers, a judicial compensation committee released an inconspicuous report that will likely once again test the government’s rapport with the principle players of the legal system.
A five-member blue-ribbon panel of legal and financial experts established under the Courts of Justice Act (Act) recommended handing Court of Quebec judges, municipal judges and justices of the peace a modest hike in their remuneration package, but it would be surprising if the provincial government embraces the recommendations, given past history.
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Mount Real scandal: Three more convicted
Several weeks after three more individuals linked with the bankrupt Montreal financial group Mount Real Corp. were ordered to pay fines ranging from $7,000 to $104,500, its former president now faces charges in an another alleged fraud that dates back to 1998.
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News roundup: On crucifixes, missing judges and spying
The City of Saguenay and Mayor Jean Tremblay has been ordered to pay $30,000 in moral and punitive damages by a Quebec Human Rights Tribunal to a citizen for discriminating against his freedom of religion and conscience. The City and the mayor were also ordered to remove a crucifix and a Sacred Heart statue from city council meetings as well as to stop reciting a prayer before each city council meeting.
“By reciting a prayer and displaying religious symbols in a hall where all citizens are invited to participate in the life of a democratic municipality, the Mayor and the City of Saguenay did not respect its obligation to remain neutral,” said the Tribunal.
In spite of the ruling, it appears that Quebec’s National Assembly will not follow suit. A crucifix placed over the Speaker’s chair will stay put.
This is not the first time that Mayor Jean Tremblay lost an expensive court battle. In 2009, in a ruling that harshly castigates the mayor for providing testimony akin to science fiction, Quebec Superior Court condemned the city and the mayor to pay nearly $600,000, plus interest and legal costs, to the city manager for wrongful dismissal.
Quebec crown prosecutors and government lawyers have long complained about being woefully understaffed. Now Court of Quebec judges have joined the chorus. The criminal section of the provincial court in Montreal is apparently in dire straits. Out of its roster of 32 judges, five have retired, one passed away, one is ill and one was nominated to Quebec Superior Court — and none have been replaced. All of which has led to lengthy court delays, said Justice Ruth Veillet, the Court of Quebec coordinating judge for the Montreal region. She has gone so far to wonder “whether if we are going to free people who have committed serious crimes?”
Surreal, almost akin to a novel by John Le Carré. It appears that the City of Montreal conducted a ten-month long investigation against a public servant who has become its nemesis – the city auditor. City comptroller general Pierre Reid allegedly led the operation, and investigators ostensibly even examined confidential e-mails, apparently including e-mails between clients and lawyers, which is supposed to be protected by client-sollicitor privelage, according to a report by Montreal newspaper La Presse.
“By its length and magnitude, this intrusion, or this interference, are akin to systematic espionage and a real fishing expedition that were clearly meant to build a case against the auditor general,” city auditor Jacques Bergeron wrote in a three-page letter to members of city council.
Quebec Municipal Affairs Minister Laurent Lessard publicly rebuked the city, pointing out that “the auditor must have a free hand. He’s there to audit the administration and not to be audited by the administration.”
Gilles Ouimet, the head of Quebec’s legal society, told me today that even if the allegations are true (which he described as disturbing), there is little that the Barreau du Quebec would be able to do.
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Mount Real financial scandal – Conviction #19
When Paul Messier Jr. pled guilty in mid-January to 10 counts before Court of Quebec Justice Jean-Pierre Boyer, it marked the nineteenth conviction against individuals in the Mount Real financial scandal.
Quebec’s securities watchdog, the Autorité des marchés financiers (AMF) accused Messier of aiding Mount Real Acceptance Corporation and Investissements Real Vest Ltée. with illegal distribution, and acting as a securities dealer or adviser without being registered. He was fined $104,000.
After a three-year investigation involving six investigators who sifted through 375 boxes of evidence and 1.5 million e-mails and other electronic documents, the AMF filed four years ago 619 charges against 24 individuals who acted as representatives in the matter of Mount Real Corporation and its subsidiaries. So far, 19 have been found guilty on 498 charges, and fined a total of $2.3 million.
Mount Real was a firm that provided management and accounting service and strategic advice to companies and individuals. Its principal business activity, though, was selling magazine subscriptions. In operation from 1997 to 2005, Mount Real’s structure was extremely complex, with up to 120 companies linked to it. A Toronto Stock Exchange listed company, the company boasted $5.7-million in revenues and $89.7-million in assets in fiscal 2004. In November 2005, the Quebec securities regulator shut down its offices after a probe.
Approximately 1,600 retail investors lost $130-million on unregistered investment notes issued by Mount-Real and its affiliated companies.
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News roundup – Impaired driving, tax evasion & co-founder suing law firm
About 2,500 Quebecers are challenging impaired driving charges, a situation that is becoming “less and less manageable,” according to the Quebec Attorney General.
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News roundup – Haiti, Fabrikant, softwood lumber, Bromont vs IBM
A Haitian human rights lawyer is asking Canadians of Haitian origin to file complaints against former dictator Jean-Claude Duvalier. Mario Joseph, who was in Montreal recently to gather evidence against the Duvalier regime, is hoping that the Haitian diaspora will testify against Duvalier, who unexpectedly returned to Haiti recently. “We need to rebuild the memory of the Haitian people,” said Joseph. “They need to listen to what happened during the Duvalier regime.”
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News roundup – Kirpans, Norbourg & pay equity complaints
Quebec’s National Assembly raises controversy after barring Sikhs for carrying kirpans, prompting questions surrounding reasonable accommodation of religious minorities.
Court of Quebec rules that order to stop 2007 demonstration during a North American leader’s summit in Montebello contravened the Canadian Charter of Rights and Freedoms.
Victims of the multi-million-dollar Norbourg financial scandal have new hope they may recover all their money.
Quebec workers eligible for pay equity urged to file complaints before May 30, 2011. Employees who file a claim before the May deadline, and who win their cases, will be eligible to receive full retroactive payments from their employers, including interest and additional penalties. Workers who file after the deadline will only be eligible to receive retroactive payments for the previous five years.
