The Quebec appeal struck down a municipal bylaw that compelled organizers of public demonstrations to submit their plans and itinerary to city police, a landmark decision commended as a “genuine advance” on the “least judicially explored freedom” and the first decision by a Canadian appellate court that comprehensively examines the scope of the freedom of peaceful assembly (2c) as a separate Charter right.
In a setback for the rail industry, Canadian railways will unlikely be able to strike confidential agreements to ship goods that excludes liability or limits it to trivial amounts if damage or loss is sustained, following a recent Quebec Court of Appeal ruling.
A child in Quebec can legally only have two parents named in a birth certificate but that does not preclude a third person from parenting, ruled appeal court.
Two days after the federal government proposed to make it tougher for asylum seekers from making refugee claims in Canada, the Quebec Court of Appeal overturned a 45-day prison sentence issued against a Colombian mother and son who pleaded guilty to unlawful entry into Canada.
Telus became the third Canadian telecommunication giant ordered to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action.
The Quebec Court of Appeal ordered a new trial for a Quebec man convicted of second degree murder after it held that an out-of-court statement he made was involuntary, evidence yielded by a Mr. Big kind of operation was inadmissible and the trial judge should have given more detailed instructions to the jury.
In a setback for the labour movement, the Quebec Court of Appeal overturned a lower court ruling that granted the union representing correctional officers the right to negotiate pension plans and staffing.
A numbered company that was ordered by a lower court to pay the minimum fine for acting as a building contractor without holding a license won a significant legal battle appeal after the Quebec Court of Appeal held that legal persons are entitled to protection against cruel or unusual treatment or punishment within the meaning of s. 12 of the Canadian Charter of Rights and Freedoms.
A ruling by the Quebec Administrative Labour Tribunal that held that litigation privilege applies only in civil matters and in adversarial proceedings but not in an administrative law context before a quasi-judicial tribunal with powers of inquiry was overturned by the Quebec Court of Appeal.
In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry.
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.