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Former Court of Quebec Judge Jean-Paul Braun who was reprimanded for suggesting in a sexual assault case that a 17-year-old girl who was kissed and groped by a taxi driver was probably “a bit flattered” by the gesture lost his bid to overturn a rebuke by the Quebec judicial council following decision by the Quebec Court of Appeal.

The Quebec judicial council, the Conseil de la magistrature, reprimanded Judge Braun for his stereotypical remarks. The council found that he breached his ethical duties and did not act with integrity, dignity and honour. Judge Braun, since retired, unsuccessfully sought a judicial review of the Council’s decision before Quebec Superior Court last fall. He appealed the Superior Court decision before the Quebec Court of Appeal, which rejected his request.

⇒ The obligation to pay rent during the pandemic is an issue the courts are grappling with. Quebec Superior Court Justice Peter Kalichman acknowledged that Quebec retailer Groupe Dynamite's ability to use certain leased premises to operate its stores was “severely limited by the Covid Restrictions.” However, Justice Kalichman held that “where leased premises are occupied by a debtor and cannot be leased to anyone else, the landlord is not prevented from demanding immediate payment of rent regardless of whether or not the debtor is carrying on business.” Or as law firm McCarthy Tétrault points out, the debtor is not relieved of the obligation to pay post-filing rent when it is asserting a right to sole possession of the premises and has not disclaimed the lease.

⇒ The right to contact counsel of choice was at the heart of two Quebec Court of Appeal decisions. In R c. Blackburn-Laroche, 2021 QCCA 59, the appellate court held that police officers had not made the necessary effort to reach the lawyers chosen by the respondent. As a result he was deprived of a reasonable opportunity to contact them. In another case, R. c. Tremblay, 2021 QCCA 24, the appeal court held that "the police did not fulfill their well-known duty to facilitate the respondent’s exercise, at the first reasonable opportunity, of her constitutional right to retain and instruct counsel."

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Is mandatory COVID-19 vaccination an option for employers in Quebec?
Committee recommends overhaul of Quebec’s youth protection system
Quebec introduces major reform to crime victims legislation
Quebec appeal court ruling opens the door for former common-law spouses to claim unjust enrichment
Quebec appeal court orders federal AG & RCMP to pay $400,000 in damages to couple

Change of heart

Worth a read

The Prosecutor of the International Criminal Court published Guidelines for Agreements Regarding Admission of Guilt. "It is my hope that these guidelines will offer clarity and direction in respect to such agreements between the parties, thereby expediting the judicial process, providing a further tool to the Office to effectively and efficiently fulfil its mandate," said Fatou Bensouda, ICC's prosecutor.
The Quebec Code of Professional Conduct of Lawyers has been amended. It specifically prohibits lawyers from engaging in discrimination and harassment, and from participating in an act involving collusion, corruption, malfeasance, breach of trust or influence peddling. It also now states that lawyers are expected to keep on top of information technology developments used in practice. It is in force as of November 19, 2020. The Official Gazette can be read here.
A preliminary assessment on how Canadian courts dealt with domestic violence during the COVID-19 pandemic. It's not a pretty picture. "In the sixty-seven reported decisions in our sample, we find very little awareness overall of the heightened risks for survivors during COVID-19," concluded the study by three law professors. A must-read for lawyers and judges alike. The study is entitled "COVID-19, the Shadow Pandemic, and Access to Justice for Survivors of Domestic Violence." It can be downloaded here.
New guidance on resuming on court operations for northern, remote and Indigenous communities was issued by a committee of Canadian justice officials. The report can be read here.
21 privacy leaders from industry, government and academia shared their views with the International Association of Privacy Professionals on the impact of COVID-19 on privacy priorities, practices and programs. It can be read here.
On complicity. A timely look at collaborators and enablers. History is not kind. Here's the remarkable story penned by historian and journalist Anne Applebaum.

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