Law in Quebec

News about Quebec legal developments


Quebec

  • Quebec appeals ruling that held taxi permit holders were victims of disguised expropriation

    A ruling that ordered Quebec to pay more than $143 million, plus interest, to compensate thousands of former taxi permit holders has been appealed both by the provincial government and class members.

    Quebec Superior Court ruled last summer that the provincial government illegally expropriated the permits of taxi drivers without fair compensation after the Uber online ride-hailing service forcibly made its entry into the market a decade ago, a decision that Quebec is asking the Court of Appeal to set aside.

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  • Top legal cases in 2024

    This is the time of year when law firms and legal publications provide a retrospective look at some of the most significant judicial rulings in 2024. Here’s some of them.

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    The nation’s highest court issued a series of important decisions that stemmed from Quebec, two of which dealt with aboriginal law.
    • Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (Aboriginal law, Constitutional Law: Division of Powers)In a decision that marks a major step in the evolution of Canadian law’s treatment of Indigenous laws and legal orders, according to legal pundits, the Supreme Court of Canada upheld the constitutionality of a federal statute that affirms Indigenous peoples’ right of self-government with respect to child and family services.”On an immediate level, it is a hugely important decision for Indigenous communities across the country working to implement their own child and family welfare services and for the Indigenous children and families who interact with child and family services. More broadly, it also has important implications for how Parliament can promote “legislative reconciliation” through the passage of laws that affirm Aboriginal and Treaty rights and that incorporate Indigenous laws and legal orders.” JFK Law LLP
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    • Eurobank Ergasias S.A. v. Bombardier inc., 2024 SCC 11 (Business law)This Supreme Court ruling confirms that a Canadian bank must refuse payment to the beneficiary of a letter of credit due to fraud.”The decision also touches on important principles of private international law, such as comity and the principles applicable to the recognition and enforcement of foreign judgments by Québec courts. In that vein, the SCC’s decision strongly signals that a foreign judgment’s disregard to a binding international arbitration order or award may violate public order as understood in international relations and thus lead to its unenforceability in Canada.” Borden Ladner Gervais LLP

      “The Supreme Court’s decision is a significant decision on the law of bank guarantees in Canada, which are often provided for in international contracts with arbitration clauses, especially in the field of construction. The decision expands on the principles applying to the sole exception to the obligation of banks to pay a beneficiary of a letter of credit on demand: fraud.” Arbitration Matters

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    • Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 (Labour law: Freedom of Association)In a favourable decision for employers, the Supreme Court held that exclusion of first-line managers from a statutory collective bargaining regime was constitutional.”Ultimately, as the Supreme Court rightly points out, the legislative exclusion of managers from the labour relations regime set out in the Labour Code makes it possible to avoid role conflicts between employer and employees in the context of their professional responsibilities (for example, in the context of collective bargaining of employees’ working conditions). This exclusion ensures managers adequately represent the employer’s interests, and thus preserves the employer’s confidence in its representatives.” Norton Rose Fulbright LLP

      “The Supreme Court of Canada dealt with a number of important issues that are significant for the law of judicial review of administrative action and for regulation more broadly.” Paul Daly, law professor at the University of Ottawa

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    • McLaren Automotive Incorporated v 9727272 Canada Inc. (Arbitration)Internal arbitration appeal mechanisms do no breach public policy, do not derogate from the jurisdiction of the courts, and do not violate the principle of proportionality, points out Gowling WLF following a decision that used international trends as part of its reasoning.”The fundamental underpinning of arbitration is freedom of contract—the right of parties to choose how to resolve their disputes. The decision in McLaren Automotive is very much rooted in that principle, and it is difficult to disagree with the approach taken by the Court.” Gowling WLG

     


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  • Monday’s Medley (Issue 01)

    Each Monday I will provide a potpourri of Quebec legal developments. Here’s the first issue. It begins with the Supreme Court refusing to hear an appeal from the Mohawk Mothers, Hydro-Québec ordered to pay $5 million to a First Nation, a $2 million for contaminating water, a class action settlement dealing with psychiatric patients, and a class action that was certified against a Montreal billionaire.

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  • At loggerheads over the fate of caribou: A look at the Species at Risk Act

    Ottawa and Quebec are not seeing eye-to-eye, again. With the fate of woodland caribous at stake, the federal government is flexing its muscles, and Quebec is far from happy.

    Woodland caribou, the iconic bellwether species that graces the reverse side of the Canadian 25-cent coin, are in peril.

    The North American subspecies of reindeer is also at the center of a heated tussle between Ottawa and Quebec, the third dispute in the past three years over a species at risk between the two orders of government, underscoring the tension that exists between federal and provincial jurisdiction in environmental protection. “It’s a shame to see this kind of tension between the provincial and federal governments, because everyone agrees that it’s first and foremost up to the provincial government to put in place sufficient measures to ensure adequate protection of biodiversity,” says Marc Bishai, a lawyer with the Quebec Environmental Law Centre in Montreal.

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  • Quebec strengthens Consumer Protection Act

    Quebec consumers will benefit from greater protections following the enactment of two related regulations that introduced a new regime of administrative monetary penalties and increased fines for non-compliance of the Consumer Protection Act.

    Under the new regime, Quebec’s consumer watchdog can now impose administrative monetary penalties for “objectively observable failures” to comply with the Act or the new Regulation respecting the Application of the Consumer Protection Act.

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  • Meta settles Quebec class action over unauthorized sharing of user data

    Meta, the American multinational social media giant that caused consternation around the world after it recently decided to overhaul its content moderation and fact-checking policies, has discreetly agreed to pay $9 million to settle a Quebec class action that alleged Facebook violated the privacy rights of users by providing access to their personal and private information to third parties without their consent.

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  • Quebec law limits employers to request medical notes

    About one-third of working Canadians were asked by their employers to produce a sick note for a short-term absence at least once in the last year.

    That will largely be a thing of the past.

    Quebec, in an effort to curb doctors’ workloads by streamlining paperwork and unnecessary clinical visits, has joined the ranks of a growing number of provinces who are doing away with sick notes under some circumstances.

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  • Holding states to account

    Bernard Duhaime used to chase ghosts, and help find thousands who fell victim to state-sponsored disappearances. Now the human rights law professor at the Université du Québec à Montréal will be monitoring hotspots around the world where there have been gross violations of humans rights and international humanitarian law following the end of conflict or the demise of authoritarian rule.

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  • Quebec discreetly issues directive that favours non-judicial treatment of simple drug possession

    Quebec criminal lawyers have welcomed a discreet directive issued without fanfare by the provincial Minister of Justice calling on Quebec’s Crown prosecutors to weigh public interest and the risk to public safety before prosecuting people suspected of simple drug possession for personal consumption.

    The circumspect directive, followed up a day later by new guidelines issued by the Quebec Director of Criminal and Penal Prosecutions (DCPC), is widely expected to help alleviate the logjams currently plaguing the provincial court system, according to criminal lawyers.

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  • Quebec Appeal Court establishes high threshold in civil liability cases dealing with exercise of parental authority

    The Quebec Court of Appeal overturned a decision that ordered a father to pay $30,000 in damages for parental alienation but held that parents can be held liable during the course of the exercise of parental authority under civil law, a recourse however that will only succeed in “exceptional and unequivocal” situations.

    The long-awaited decision, widely lauded by family law experts, held that the Quebec legislator has not ruled out the possibility of civil liability in matters dealing with parental authority, but its threshold must be high to prevent civil liability from becoming an “instrument for policing, or even regulating, the art of parenting,” said Quebec Appeal Court Justice Benoît Moore in Droit de la famille — 24915, 2024 QCCA 767.

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  • Method used to conduct pay equity audit is invalid, rules Labour Tribunal

    A method used to estimate wage differentials during pay equity evaluations cannot be validly used as it contravenes the Quebec Pay Equity Act, ruled the Administrative Labour Tribunal in a decision widely expected by labour lawyers to have a significant impact on estimating and assessing public sector pay equity.

    The decision, one of a handful dealing with pay equity audits in Quebec, underlines that employers cannot depart from the objectives behind the Pay Equity Act when estimating wage gaps, and provides practical guidance to employers and labour alike over the pay equity maintenance exercise, according to labour lawyers.

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  • Quebec forges ahead with advance MAID requests

    Quebec, weary of waiting for Ottawa to update the country’s Criminal Code, has given the green light to authorize certain early requests for medically assistance in dying.

    As of October 30, people suffering from a serious and incurable illness leading to an inability to consent to care, such as Alzheimer’s, will be able to submit an advance request for a medically assisted death before their condition leaves them unable to grant consent. This is the last provision to come into force in a bill adopted a year ago by the Quebec government that extends assisted dying (MAID).

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  • Right to data portability in effect in Quebec

    Organizations doing business in Quebec face new compliance obligations as the right to data portability came into force at the tail end of September, spelling the end of a one-year leniency period following the entry into force of Quebec’s sweeping overhaul of its privacy regime.

    This right, part of an international trend to give individuals more control over their own data, compels business and public bodies to provide individuals computerized personal data they hold on the person in a structured and commonly used technological format. Individuals may also request that their computerized personal information be disclosed to any person or body authorized by law to collect such information.

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  • Supreme Court will hear Quebec’s challenge to daycare access for asylum seekers

    Eight months ago, asylum seekers in Quebec won a hard, long legal battle that gave them access to subsidized daycare.

    Now that’s all up in the air.

    The nation’s highest court agreed to hear a challenge from the Quebec government that granted asylum seekers access to subsidized daycare spaces.

    The Quebec Court of Appeal concluded this past February that a provincial government’s regulation that excludes asylum seekers from gaining access to subsidized daycare, at $9.10 per day, amounts to a discriminatory measure against women and is a violation of the right to equality protected by section 15 of the Canadian Charter of Rights and Freedoms.

    The Quebec Appeal Court found that by excluding persons seeking asylum, it has a disproportionately negative impact on women seeking asylum, and is therefore discriminatory as a result of its prejudicial effect.

    “Women are historically disadvantaged in the workplace because they disproportionately take on childcare responsibilities,” held Justice Julie Dutil in Procureur général du Québec c. Kanyinda, 2024 QCCA 144. “The fact that asylum seekers alone are ineligible for the reduced contribution for subsidized childcare places clearly has a disproportionate effect on women in this group.”


    Here’s an in-depth examination of the legal issues at play:

    Controversy erupts after Quebec Appeal Court grants asylum seekers access to subsidized daycare

     

  • Provincial court judge rules ‘immediate and simultaneous’ filing of English rulings into French as invalid

    Barely weeks after the Supreme Court of Canada affirmed the right to a trial in one’s official language of choice, a Court of Quebec judge ruled that a provision of the French language charter that calls for the “immediate and simultaneous” filing of English rulings into French cannot apply to criminal proceedings in the province.

    The decision, decried by some constitutional law experts and the Quebec government as judicial interventionism, will likely serve as a blueprint for criminal lawyers as it outlines a host of “unfair and highly problematic” issues that prevent a criminal court judge from rendering his verdict in a timely manner and fails to ensure the equal treatment of French and English accused because English-speaking accused could face delays because of translation delays, according to legal pundits.

    “I hope the decision serves as a wake-up call,” said Dylan Jones, a Montreal criminal lawyer with Boro Frigon Gordon Jones. “Many of my clients will be affected by this new provision, but it’s good to see that the judiciary is addressing some of these issues. There’s a lot in our justice system that could be improved upon, but instead, we’re creating bureaucratic hurdles that are just going to make it more complicated for people to get their decisions heard. I’m happy he took the initiative.”

    There is no motive for delaying the rendering of a judgment, particularly in criminal cases, asserts Montreal human rights lawyer Julius Grey. “Given the distress and consequences of criminal law, the accused should be given priority, not language politics,” said Grey.

    But constitutional law expert Stéphane Beaulac believes the ruling “reeks” of judicial interventionism. It is an “obvious example of where a judge has taken it upon himself to proclaim himself, no more and no less, the great defender of the language rights of Quebec’s English-speaking minority,” remarked Beaulac, a law professor at the Université de Montréal and counsel at Dentons. “There is an absolute right to have your trial conducted in the language of your choice, but nowhere does it say there is an absolute right to receive your judgment in English at the same time. There’s something of a reasoning gap.”

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Law in Quebec
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