All posts filed under: Quebec Court of Appeal

Landmark decision issued by Quebec appeal court over the freedom of peaceful assembly

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.

Quebec Appeal Court provides more guidance over Mr. Big operations

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.

Quebec appeal court broadens reach of fundamental rights for legal persons

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.

Quebec Court of Appeal overturns labour tribunal’s interpretation of litigation privilege

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.

Quebec Consumer Protection Act does not apply to sale of prescription drugs, rules appeal court

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.

Quebec appeal court rules woman wearing hijab was entitled to be heard in court

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.