Category: Quebec Court of Appeal

Disclosing documents to police does not necessarily entail a waiver of privilege, holds Quebec Appeal Court

A voluntary disclosure of a report protected by privilege to assist police in a criminal investigation does not quash the privileges attached to the document held the Quebec Court of Appeal in overturning a lower court decision, the latest indication that case law surrounding privilege continues to evolve, according to a legal expert.

New guidance provided Quebec Appeal Court over forced hospitalizations

An elderly single woman spearheaded a significant advancement for the rights of people who are ordered to be hospitalized after the Quebec Court of Appeal considerably broadened the obligations of the courts and healthcare institutions.

Chief Justices call for modernization of court system

The chief justices of four courts broadly outlined their priorities and concerns at the Quebec’s opening of the courts ceremony, from the promise and pitfalls of technology to modernize the justice system to the debilitating impact of chronic underfinancing to the erosion of decorum in the courtroom and the pernicious effects of disparaging social media comments.

Quebec Appeal Court increases sentence for sexually assaulting a child

A 21-year old school janitor who sexually assaulted a 13-year old child had his sentence increased to 15 months imprisonment from 90 days by a divided Quebec Court of Appeal after the majority held that the trial judge failed to prioritize denunciation and deterrence as overriding factors.

Man acquitted of sexual assault because professional secrecy was breached

A man convicted of sexually assaulting a four-year-old child was acquitted by the Quebec Court of Appeal after it held that a confession he made during therapy should have been protected by professional secrecy.

New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child

A new trial for a man convicted of sexual interference on a child was ordered by the Quebec Court of Appeal after it held that the trial judge’s refusal to allow the re-opening of the complainant’s cross-examination infringed his right to make full answer and defence.

Some provisions of federal patented drug pricing regime unconstitutional

The federal government will have to overhaul its regulatory approach and guidelines over patented drug pricing after the Quebec Court of Appeal found a couple of provisions to be unconstitutional.

Quebec appeals landmark ruling that affirms self-governance for Indigenous peoples

The Quebec government will appeal an Appeal Court decision that marked the first time the courts have clearly recognized a self-government right as a right of all Indigenous peoples in Canada.

Canadian Constitution architecture dramatically altered following Quebec Appeal Court decision, according to experts

The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.

Quebec legal community dismayed by secret criminal trial

The Quebec legal community, aghast and dismayed over a criminal trial that took place in complete secrecy, with no paper trail, is calling for a probe and demanding accountability to deter the “judicial charade” from taking place again.

New labour relations legal landscape on the horizon following Appeal Court decision

A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing.