Quebec

Quebec expanding pilot program to prevent addicts convicted of crimes from reoffending

A pilot program that began six years ago to help Montreal alcoholics and drug addicts convicted of crimes from reoffending will be expanded across the province, announced Quebec Minister of Justice Stephanie Vallée.

Why it matters: The program, offered initially only to detainees while their cases were pending, will now be expanded to include people who are not detained while charged with a crime.…

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Financial services Quebec

Quebec financial regulator cracking down on illicit money-services businesses

Quebec’s financial watchdog is cracking down on businesses that illegally run a money-services business.

Why it matters: So far this year the AMF announced that 11 small businesses or individuals pled guilty before the Court of Quebec to illictly operating a money-services business, the overwhelming majority of whom were fined $15,000 for each infraction.…

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Quebec

In the news

The Supreme Court of Canada strikes down several provisions of Quebec's Pay Equity Act.

Quebec releases new religious accomodation guidelines.

Criminal ordered to pay more than $400,000 to a police officer.

Quebec appoints seven new provincial court judges.…

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Quebec Court of Appeal Rulings

Potential buyer entitled to back down from purchasing a $1.3 million home, rules court

A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent.

Why it matters: “The decision underlines the importance of the seller’s duty to inform the buyer, and their obligation to know what it is that they are selling."…

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Barreau du Quebec Quebec

Quebec budget injects more than $1 billion to modernize justice system

More than $1.4 billion has been set aside by the Quebec government in its latest budget to modernize the justice system, its courthouses and detention centres, a move that has elated a relieved Quebec legal community.

Why it matters: “It’s a major step forward for justice in the province. We were stuck in the 1970s. Now with the new investments, hopefully we will get it right and hopefully we can get to something that is paperless.”

The challenge: The Quebec government does not have a good track record investing wisely in hightech projets.…

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Quebec Quebec Court of Appeal Rulings

Quebec Court of Appeal voids bylaw forcing protesters to provide itinerary to police

A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive, and unreasonable.

Why it matters: The decision limits the discretionary powers a municipality can confer to police and sheds light on how the Charter protection of freedom of expression applies to demonstrations.…

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Court of Quebec Criminal Code of Canada Criminal justice Quebec Rulings

Employer found guilty of manslaughter following fatal work accident

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code.

Why it matters: It is extremely rare for employers to be charged with criminal negligence and manslaughter.

What's next: The contractor is scheduled to be sentenced in May. “I’m eagerly looking forward to the sentence – that’s where we will see what kind of message the courts will send,” said a health and safety lawyer. “If he ends up in prison, that to me will have much more of an impact than a guilty plea.”…

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Crime Quebec Quebec Superior Court Rulings

Failure to protect solicitor-client privilege leads to acquittal of alleged Mafiosi

Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients.

Why it matters: The decision provides guidance on electronic surveillance, castigates police for failing to do enough to protect solicitor-client privilege, and warns that it would be imprudent to view his ruling as an inducement to consider law firm as safe havens to conspire and plan crimes.…

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Criminal justice Quebec Quebec Court of Appeal Rulings

Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

Why it matters: The legal community is still grappling with the landmark Jordan ruling, and this is yet another effort to spell out clearer guidelines. Or as a criminal lawyer put it: “Jordan is going to be a continuous process, of refining and interpreting." …

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Business Quebec Court of Appeal Rulings

Quebec Court of Appeal harmonizes securities law with other provinces

The Quebec Court of Appeal eliminated a tactical advantage that could have emerged by launching national class actions in secondary market misrepresentation cases in the province after it held that Quebec securities rules were designed to be harmonized with provincial securities legislation across the country as a matter of substantive law.

Why it matters: The ruling is one of a handful secondary market misrepresentations cases heard by Quebec courts.…

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