Law in Quebec

News about Quebec legal developments


Quebec Court of Appeal

  • Quebec Appeal Court rules conditional discharge may be granted in sexual assault cases, if circumstances warrant it

    An aspiring estate agent found guilty of sexually assaulting his ex-partner has had his eight-month imprisonment sentence to be served in the community overturned by the Quebec Court of Appeal after it ruled that a conditional discharge, while a rare measure for sexual assault, may be granted when the circumstances warrant it.

    In a decision that examines the evolving and thorny notion of consent, the principle of proportionality in sentencing and to a lesser extent the concept of “best interests,” the Appeal Court held that the appellant’s lack of understanding of consent does not reduce his legal liability but reduces his moral responsibility, particularly in light of the introspection that followed and the remorse he felt. That is a finding that criminal lawyers will undoubtedly resort to, according to legal pundits.

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  • Provincial court judge exceeded limits of his jurisdiction, rules Quebec Appeal Court

    A controversial decision that 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 was overturned by the Quebec Court of Appeal after concluding that the provincial court judge exceeded the limits of his jurisdiction.

    The ruling, a second clear-cut and related missive over the past year aimed at provincial court judges, reaffirms that Court of Quebec judges may declare a provision of a statute inoperative on constitutional grounds but only in proceedings before them, said legal experts. The Appeal Court also castigated in obiter Court of Quebec Judge Dennis Galiatsatos for “relying on pure hypotheticals and adjudicating with a flawed procedural framework.” But the decision does not delve into substantive issues that may be elicited from the constitutionality of section 10 of the Charter of the French Language (C.F.L), added pundits.

    “The Appeal Court could have been much more scathing of the judge but was careful not to go too far because otherwise it would tarnish the reputation of the judge,” noted Stéphane Beaulac, constitutional law professor at the Université de Montréal, specializing in language law, and of counsel at Dentons Canada in Montreal. “The case was really decided on the basis of the question of jurisdiction. Court of Quebec judges can make declarations, but not formal declarations of a general nature.”

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  • Quebec Appeal Court rejects constitutional challenge over kafala

    A constitutional challenge against federal and Quebec regulations that allow Canadian residents to sponsor a child for family reunification only if the child is their biological or adoptive child was rebuffed by the Quebec Court of Appeal in a ruling that underlines the challenges facing Canadian citizens or residents of Muslim faith who want to sponsor a child though kafala, a form of legal guardianship in Muslim law countries.

    The decision, while not surprising, continues to put Canadians of Muslim faith in a bind as it compels them to transgress their religious beliefs to adopt, and is expected to make it more arduous for them to sponsor a child under kafala, according to legal experts. The ruling also confirms that only the Western family model is recognized as valid for starting a family in Canada, maintain some pundits.

    “If you’re a Muslim who respects your faith through kafala, a form of care deeply rooted in Islamic tradition, Canada is closing the door on you,” remarked Awatif Lakhdar, a kafala expert and a Montreal family lawyer with Lavery. “Unfortunately, kafala is not equivalent to full adoption, and the current sponsorship system does not facilitate family reunification for a person who has resorted to kafala.”

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  • Energy board commissioners lose key legal and political battles

    Quebec energy board commissioners have suffered major back-to-back legal and political losses after the Court of Appeal overturned a lower court decision that held they performed quasi-judicial functions and the provincial government passed a sweeping and controversial reform that fundamentally weakens the regulatory powers of the Régie de l’énergie.

    The Quebec government invoked closure in the wee hours of a weekend morning to fast-track a contentious energy bill that will introduce widespread changes to the way the province’s energy sector operates, giving Hydro-Québec free rein to increase its electricity production, with the utility expected to invest some $200 billion by 2025. Bill 69, introduced in June 2024 but passed with the addition of 52 amendments at the last minute without public consultation, allows Hydro-Québec to bypass tendering rules when awarding certain contracts.

    But most alarmingly for critics, the new law curbs the independent oversight imparted by the Régie de l’énergie, an economic regulatory administrative tribunal that oversees the energy sector in Quebec. The Régie, established in 1997, had up until the passage of Bill 69 the power to set the rates and conditions of services for Quebec electricity and natural gas consumers after holding public hearings. Under Bill 69, the provincial government has given itself the right to impose an annual cap on residential rates on the Régie, and that spells trouble for small and medium-sized businesses (SMEs), according to the Canadian Federation of Independent Business (CFIB). “The politicization of electricity rates” means that SMEs will be subsidizing lower electricity costs for other consumers, maintains the business group.

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  • Drip pricing under the microscope following Quebec Court of Appeal ruling

    A Quebec Court of Appeal ruling that ordered Air Canada to pay more than $10 million in punitive damages in a class action lawsuit underscores the growing risks companies engaging in drip pricing face, according to legal pundits.

    The Appeal Court decision, following a long 15-year legal battle, marks the third significant case dealing with unbundled pricing over the past year, with the Competition Tribunal ordering Canada’s largest cinema chain, Cineplex Inc., to pay a record penalty of over $38.9 million for deceptive marketing practices by adding a mandatory $1.50 online booking fee, the first enforcement of the drip pricing provisions introduced by the amendments to Canada’s Competition Act. In June 2024, the Competition Bureau also reached an agreement with SiriusXM Canada, a subscription-based satellite radio and streaming content provider, over subscription price representations. Sirius agreed to pay a $3.3 million penalty, enhance its compliance program, and pledged not to engage in drip pricing.

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  • Provisions of provincial law abolishing school boards unconstitutional rules Quebec Appeal Court

    The Quebec Court of Appeal confirmed that certain provisions of a provincial law that abolished school boards unjustifiably infringe the rights guaranteed to Quebec’s minority language groups by the Canadian Charter, a ruling deemed by the English community as a sweeping win.

    In a “very-well written, well-reasoned judgment” that examined the nature and scope of the rights conferred by section 23 of the Charter, which guarantees minority language educational rights, the Appeal Court mostly upheld a lower court ruling that found sections of Bill 40 are inoperative to Quebec’s English-language school boards.

    The Quebec government announced in late May that it will seek leave to appeal before the Supreme Court of Canada.

    “It’s a perfectly sound, well-reasoned judgment from a legal standpoint, but I’m not surprised by the ruling,” remarked Érik Labelle Eastaugh, Dean, Faculty of law at the Université de Moncton and former head of the International Observatory on Language Rights. “Not surprising, but it’s an important judgment, given that it deals with certain issues that had never been squarely addressed by the courts until now.”

    Stéphane Beaulac, professor of constitutional law at the Université de Montréal, specializing in language law, and counsel at Dentons Canada in Montreal, too believes that the Appeal Court’s “well-reasoned” ruling “clears up questions” while “giving ample context” over the issues raised by s. 23 of the Charter. But Beaulac asserts that the Quebec Appeal Court may have too broadly defined the scope of the English-language minority community in Quebec covered by s. 23 of the Charter.

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  • Monday’s Medley – Issue 03

    Each Monday I will provide a potpourri of Quebec (and Canadian) legal developments. Issue 03 takes a brief look at a Quebec Appeal Court ruling that will delight discount brokers while irk consumers, Quebec’s latest effort to impose a nationalist culture, and decision that examines the notion of social profiling.

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  • 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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  • 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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  • 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

     

  • Universal life insurance policy is not income from property, rules Appeal Court

    In a decision expected by tax pundits to set a precedent, the Quebec taxman partially lost a legal battle after the Court of Appeal held that coverage provided by a universal life insurance policy does not constitute income from property even though it is a benefit for the insured taxpayer.

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  • Insurance suicide exclusion null and void, rules Quebec Appeal Court

    A year ago, Quebec Superior Court admonished the “seemingly impenetrable world of insurers to open their eyes” after it ruled that an insurance company must pay beneficiaries $1.5 million because it failed to properly reveal exclusions in an insurance policy.

    Justice Jean-Yves Lalonde warned insurers that they must clearly indicate exclusions or clauses, particularly clauses dealing with suicide, that reduce coverage under an appropriate heading or risk having the exclusion clause declared null and void.

    “It’s a ruling that changes the state of law on this issue as it is the first judgment that has annulled a suicide clause,” noted insurance law expert Jacqueline Bissonnette.

    “What’s new is that the ruling stipulates that the suicide clause should be included in the same way as the other exclusions. That’s what’s new, and that if it’s not included, the policy will be cancelled and the exclusion will be considered to be unwritten,” added Bisonnette, a Montreal lawyer with Poudrier Bradet Avocats and Chair of the executive of the insurance and civil litigation section of the Canadian Bar Association, Quebec branch.

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  • Soccer club did not discriminate by refusing to integrate girls into a boys’ team

    A Montreal soccer club did not discriminate by refusing to integrate two girls into a boys’ team, ruled the Quebec Court of Appeal.

    Karine Bellemare, unhappy that her two girls could not play on the same soccer team as their friends (boys), refused to register them in the summer recreational soccer league run by a Montreal soccer league and filed a complaint with the Quebec Human Rights Commission.

    The Commission, following an investigation, adopted a resolution that stated the two girls had been discriminated against on the basis of their sex.

    But the Quebec Human Rights Tribunal dismissed the claim and concluded the Quebec Human Rights Commission, acting for the mother, failed to demonstrate the existence of a prima facie case of discrimination under the Quebec Charter of Human Rights and Freedoms.

    The Commission appealed, arguing that the Tribunal refused to acknowledge discrimination and stereotypes historically experienced by women.

    The Quebec Appeal Court dismissed the appeal in Commission des droits de la personne et des droits de la jeunesse (Bellemare) c. Club de soccer Les Braves d’Ahuntsic, 2024 QCCA 462.

    The Appeal Court upheld the Tribunal’s conclusion that even on an objective assessment of dignity and its requirements, the evidence does not demonstrate any infringement of their rights. “In a recreational activity intended for children of this age, the fact that the groups are composed in such a way that boys play with boys and girls play with girls in no way undermines their dignity as human beings or that of their parents,” said the Tribunal, a finding upheld by the Appeal Court.

    The Appeal Court also confirmed the Tribunal’s finding that the participation of children in a summer recreational soccer league did not result in discrimination based on historical stereotypes unfavourable to women. “Even if the judge had enumerated historical stereotypes of women, there is nothing to suggest that he would have concluded that the separation of boys and girls reinforced or perpetuated them,” held the Appeal Court.

  • Notwithstanding clause centre stage in Quebec Appeal Court ruling over controversial secularism law

    The Quebec Court of Appeal, handcuffed by the provincial government’s use of the notwithstanding clause, upheld a controversial secularism law that bans religious symbols from being worn by government employees, in a decision lauded by legal observers who endorse the so-called “parliamentary sovereignty clause” while bemoaned by others who deem it to be a “major retreat” from the fundamental principle of the rule of law.

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Law in Quebec
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