Students who were paid less than casual and regular workers by an aluminum smelter even though they performed equivalent work were discriminated against on the basis of social condition, held the Quebec Court of Appeal.
Category: Quebec Charter of Human Rights and Freedoms
The Attorney General of Canada and two RCMP officers were ordered by the Quebec Court of Appeal to pay $400,000 in punitive damages after they published and disseminated false information about a Laval couple who were wrongly charged in Canada’s first human trafficking case.
A controversial Quebec Court of Appeal ruling that ordered a comedian to pay $35,000 in damages to another entertainer for infringing his right to the safeguard of his dignity without discrimination after mocking his disability may lead to a chilling effect.
Three of Canada’s biggest sign companies have six months to demolish dozens of billboards in a trendy Montreal borough after the Quebec Court of Appeal held that a municipal bylaw banning outdoor advertising panels represents a minimal infringement on freedom of expression.
A day after Quebec premier-elect François Legault suggested he would be ready to invoke the Constitution’s notwithstanding clause to override the Charter of Rights and Freedoms to ban religious symbols for civil servants, the Quebec Court of Appeal court ruled that a provincial court judge erred when she denied a hearing to a woman wearing a hijab.
A bid to overturn Quebec’s sign law by a group of anglophone merchants suffered yet another setback after the Quebec Court of Appeal upheld two lower court rulings that held that the French language is still vulnerable in Quebec and continues to need protection even though it has made “modest progress” in recent decades.
Why it matters: The Quebec appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter.
Also, the appeal court found that unilingual English websites are too subject to the French language charter.
But the appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter
The mother of a child who was the victim of discrimination based on a handicap was awarded $7,500 in moral damages by the Quebec Court of Appeal in a ruling that reaffirms and advances the rights of parents, according to educational and human rights lawyers.
In a closely-watched ruling by the province’s educational sector, the Montreal School Commission was also ordered to pay an equal amount in moral damages to the child, who is afflicted with Down syndrome, after the appeal court found that it discriminated against him when it failed to implement necessary accommodations to teach him in the first two years of high school.
However the appeal court also found that the school commission did not act in a discriminatory manner when it decided that it would be in the best interests of the child, given his special needs, if he pursued his studies in a specialized school rather than a regular school.
The City of Montreal, one of a growing number of municipalities in Quebec that has attempted to use zoning restrictions to restrict places of worship, acted in bad faith and breached the Charter’s guarantee to freedom of religion when it tried to shut down an Islamic cultural centre that hosted religious ceremonies, ruled Quebec Superior Court.
In a closely-watched decision by municipal and human rights lawyers, Quebec Superior Court Judge Jean-Yves Lalonde castigated the city for implementing a zoning by-law that “would promote a phenomenon of ghettoization, access problems and appears to be discriminatory compared to the Catholic churches in the borough that are generally found in the residential sector in the City of Montreal.”
A controversial Quebec Superior Court decision that ruled that religious marriages do not necessarily carry any legal obligations under civil law may have alarming and sweeping consequences, according to family law experts.
The “disturbing” ruling creates a new category of civil status in Quebec, undermines long-held views of religious marriages, and will possibly expose women to vulnerable situations where they will be pressured into celebrating a religious marriage without the protection afforded by civil law, cautioned family lawyers.
A precedent-setting ruling by the Quebec Court of Appeal that amended the provincial law governing an employers’ duty to accommodate employees with workplace injuries will compel employers, unions, workers, and the Quebec worker’s compensation board to review the way they manage employment injury cases, according to employment and labour lawyers.
In light of Supreme Court of Canada rulings regarding reasonable accommodation of people with disabilities, the Quebec Court of Appeal held that the rehabilitative process contemplated by the Quebec Act respecting industrial accidents and occupational injuries (ARIAOD) does not relieve employers of their duty to accommodate under the Quebec Charter of Human Rights and Freedoms.
“This ruling helps to ensure the progress of labour rights,” remarked Sophie Cloutier, a Quebec City labour lawyer.
Three Canadian tobacco companies will not have to make an immediate $1.13 billion payment to Quebec smokers who won a landmark class action suit after the Quebec Court of Appeal held that the justification for the provisional execution is weak, the prejudice to the firms serious, and that the balance of convenience weighs in their favour.
An initial payment of $1.13 billion was due this weekend after Quebec Superior Justice Brian Riordan held in Létourneau c. JTI-MacDonald Corp., 2015 QCCS 2382 that it was “high time that the companies started to pay for their sins” and “high time” for the plaintiffs and their lawyers to receive some relief from the “gargantuan” financial burden of bringing the tobacco companies to justice.
But the three-judge appeal court panel found that the existence of those “sins” is sub judice, or under judicial consideration, by the Court of Appeal, and therefore this “weakness in the order behooves our intervention.”