Law in Quebec

News about Quebec legal developments


Rulings

  • Legal classification of cryptoassets in securities law re-examined following ruling by Tribunal

    The legal classification of cryptoassets in securities law has been brought into question following a ruling by the Quebec Financial Markets Administrative Tribunal that held that the nature of a crypto and its potential classification as an investment contract may vary depending on the “economic reality” surrounding each transaction, underscoring the need for Canadian and Quebec legislators to modernize the regulatory approach to crypto, according to legal pundits.

    The decision, depicted as a game-changer by legal experts, will hearten so-called “finfluencers” or social media financial influencers as it held that offering subscriptions to private groups on social media to receive buy-sell signals for crypto assets does not constitute an investment contract. The ruling also underlines that in cases that are not ex parte, the applicable burden of proof in cases seeking conservatory measures requires conclusive and preponderant evidence, and not prima facie evidence as Quebec’s financial watchdog maintained.

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  • 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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  • Quebec ordered to pay $164 million for Charter breach in class action suit

    The Quebec government has been ordered by Superior Court to pay a staggering $164 million in compensatory damages, plus interest, for knowingly violating the rights of thousands of individuals who were arrested and illegally detained for a longer period of time permitted by the Criminal Code prior to appearing before a Justice of the Peace.

    The comprehensive decision by Quebec Superior Justice Donald Bisson reveals that during a five-year stretch, from 2015 to 2020, the Quebec government stopped offering court appearances on Sundays and statutory holidays due to austerity measures, and failed “in their obligation” to put in place a system that complies with section 503 of the Criminal Code, “knowing full well that their flawed appearance system led to the systemic violation of the fundamental rights” of some 24,000 individuals.

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  • Quebec judicial council launches enquiry against municipal judge

    A Court of Quebec judge from the small claims division on the cusp of retirement is the subject of an enquiry by the Quebec Judicial Council due to “certain” conduct that “likely” constitutes a breach of the Judicial Code of Ethics.

    The unnamed judge was hearing a dispute from a plaintiff who sought reimbursement of past and future expenses for the care of two cats allegedly afflicted with health problems after they were purchased.

    The plaintiff complained about the judge’s conduct, and alleged a lack of impartiality, a lack of respect, poor management of the hearing, and an unjustified refusal to consult his personal notes during his testimony, all of which demonstrated bias by the judge.

    A playback of the hearing recording “reveals a lack of restraint and an inappropriate attitude,” noted the Conseil de la magistrature du Québec in A et Juge, Cour du Québec, Chambre civile, Division des petites créances, 2025 CanLII 48055 (QC CM).

    “The attitude observed suggests a loss of control in the exercise of judicial authority,” added the Conseil. “The judge’s imminent mandatory retirement cannot constitute an argument for refusing to conduct an enquiry. This is particularly so because of the educational and preventive nature of judicial ethics.”

    The Quebec Judicial Council received 150 complaints in 2024, according to its annual report. In all, 122 judges were the subject of a complaint during the year, with nearly a quarter of the complaints lodged against a judge sitting in the Small Claims Division of the Court of Québec.

    Of the 150 complaints, 46 were deemed unfounded at the study stage, 84 held to be unfounded after review, 19 are still being examined, and only one was retained for enquiry.

  • 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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  • Monday’s Medley – Issue 04

    Each Monday I intend to provide a potpourri of Quebec (and Canadian) legal developments. Issue 04 takes a brief look at a rare public stance taken by the Court of Quebec, a college ordered to pay $10,000 in damages, and a popular online food delivery company accused of 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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  • Quebec Superior Court orders amendments to Civil Code to recognize multi-parent families

    In a landmark decision that redefines the legal framework for parenthood in Quebec, Superior Court has given the provincial government 12 months to amend the Civil Code to introduce a new system of filiation that would make it possible to legally recognize more than two parents for the same child.

    The ruling, described by lawyers who successfully pled the case as a “very important for the development” of family law in Quebec, held that the provisions of the Civil Code that limit filiation to two parents is discriminatory and violates the right to equality guaranteed by section 15(1) of the Canadian Charter. Quebec Superior Court Justice Andres Garin found that it is “appropriate” to recognize family status “in the sense of belonging to a particular family model, including a multi-parent family” as an analogous ground of prohibited discrimination enumerated in s. 15(1) of the Canadian Charter – and that such discrimination could not be justified under s. 1 of the Charter. Membership, added Justice Garin, in a particular family model is an immutable personal characteristic.

    “Ultimately, the limit of two parent-child relationships sends the message to multi-parent families and to society in general that only so-called ‘normal’ families, with a maximum of two parents, represent valid family structures worthy of legal recognition,” held Justice Garin in V.M. c. Directeur de l’État civil, 2025 QCCS 1304. “This message reinforces and perpetuates the disadvantage suffered by those who live in a non-traditional family model. Ultimately, the difference in treatment is discriminatory and violates the right to equality guaranteed by s. 15(1) of the Canadian Charter.”

    The Quebec government has announced that it will appeal the decision.

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  • High bar for use of biometric systems maintained by Quebec privacy regulator

    Canada’s largest printer was ordered to cease using facial recognition technology to monitor access to its facilities and to destroy all biometric information it previously collected by Quebec’s privacy watchdog in a decision that serves as a stark reminder that there is a high legal threshold for using biometric systems in the province, according to data and privacy experts.

    The use of biometrics in both the private and public sectors is on the upswing in Quebec, with the latest figures from Quebec’s privacy commissioner, the Commission d’accès à l’information (CAI), revealing that 124 entities declared they used biometrics in fiscal 2023-2024, nearly a 60 per cent jump over the previous year. Biometrics, the automated recognition of an individual’s unique body and behavioural characteristics such as fingerprints, facial and voice recognition, and retina scans, is a billion-dollar business, with the global biometrics market estimated at US$50.08 billion in 2024 and expected to surge to more than US $60 billion in 2025, according to Precedence Research. Employers are using it for access control, security, time-keeping, monitoring employee performance or safety, note pundits.

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  • Monday’s Medley (Issue 02)

    Each Monday I will provide a potpourri of Quebec (and Canadian) legal developments. Issue 02 (27 Jan 2025) notes that half of Canadian corporate counsel expect an increase in the number of lawsuits and regulatory investigations, Canada’s largest printer illegally used facial recognition at one of its plants, a legal challenge that sought to declare null and inoperable a provision of the Health Insurance Act failed, and the so-called Tinder rapist given a historic sentence.

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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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