In an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.
The suit against the Attorney General of Canada and Quebec is seeking a declaratory judgment to determine whether the Quebec government has violated the Constitution Act, 1867 by giving the provincial court exclusive jurisdiction to hear claims over $10,000.
The constitutional challenge, initiated by Quebec Superior Court’s chief justice, senior associate chief justice and associate chief justice, also questions whether the Court of Quebec has the jurisdiction to hear appeals from administrative tribunals.
The timelines set by the landmark Jordan decision applies to civil cases as well.
The Supreme Court of Canada in R. v. Jordan 2016 SCC 27 criticized the country’s legal system for its “culture of complacency” and sets out new rules for an accused’s right to be tried within a reasonable time frame. It laid down a ceiling of 30 months for matters before Superior Court cases to be completed. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.
Up until recently it was widely considered that the Jordan framework applied to only criminal cases.
Not so, according to two separate rulings by Quebec Superior Court.
A suspension on new Indian status registrations could begin new week unless the Quebec Court of Appeal issues a safeguard order.
The number of photo radar tickets that have been issued has dramatically plunged over the past couple of months following two decisions that called into question the rules around the province’s use of the automated speed and red-light enforcement technology.
Barely a week after Quebec Minister of Justice Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province, the federal government announced two new appointments as well as a shake-up in the Quebec courts.
The latest appointments still falls short of what the Quebec government has been demanding. The president of the Quebec Bar, Paul-Matthieu Grondin, said in a tweet published shortly after the nominations that “the federal government MUST appoint judges to the Quebec Superior Court. Yesterday’s appointments are far from enough.”
Still, the new appointments and the reshuffle is nevertheless widely expected to make a dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer.
More than a decade after a tip led the Competition Bureau to conduct an investigation on eight Montreal-area companies suspected of rigging bids for private sector contracts, a Quebec numbered company specializing in the installation of ventilation systems was fined $140,000 fine after it plead guilty to one count of bid-rigging.
A Montreal legal aid lawyer with a remarkable personal journey has become the latest judicial appointment to Quebec Superior Court, marking the fifth Quebec Superior Court judge to be appointed over the past month by federal Minister of Justice and Attorney General of Canada Jody Wilson-Raybould.
The appointment, coupled with the recent appointment of 16 Court of Quebec judges by the provincial government, are widely expected to make a dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there are 684 Jordan applications as of March 23, 2017, a figure that has tripled in the space of three months.
A $2.5 million class action settlement agreement reached between the victims of a former hockey coach and his employer, the City of Westmount, was approved by a Superior Court judge.
John Garland, a former Superintendent of the Westmount’s Parks and Recreation Department between 1953 and 1987, is believed to have sexually abused children and teenagers in his care.
After months of stalling, the federal government has finally appointed four new Quebec Superior Court justices in the district of Montreal.
The appointments, coupled with the recent appointment of 16 Court of Quebec judges by the provincial government, are widely expected to make a small dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there are 684 Jordan applications as of March 23, 2017, a figure that has tripled in the space of three months.
The Quebec provincial government has asserted that it needs 14 new Superior Court judges to deal with the bottleneck in the criminal justice system. Before the four appointments, there were six vacancies at the Quebec Superior Court.
In a case that draws some light into a murky financial world, a charity and a businessman who sued a Montreal law firm caught in a tangled web of lawsuits after a former partner allegedly orchestrated a multi-million Ponzi scheme lost their case after Quebec Superior Court held that the lawsuits were groundless.
The law firm, Kaufman Laramée LLP, faces several lawsuits stemming from a multi-million dollar fraud allegedly committed by Dany Perras, a Montreal lawyer who abruptly resigned from the roll in October 2011 after the Quebec legal society launched an investigation into the misappropriation of funds. Perras, who briefly practiced at Kaufman Laramée for six months in 2011, was barred from practicing for 10 years by the Quebec Bar in 2014. He was also ordered by the Barreau du Québec’s Disciplinary Council to return more than $3 million to clients. Perras has never been criminally charged.
The last time it happened a superior court judge apologized.
“I am very sorry that the system has let you down,” said Ontario Superior Court Justice Julianne Parfett last November to the mother of the deceased after she threw out a first-degree murder case against former Canadian Forces soldier Adam Picard because of excessive delays.
It happened again. This time in Quebec.