Law in Quebec

News about Quebec legal developments


  • Federal government announced two new appointments as well as a reshuffle in the Quebec courts

    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.

    Despite significant investments and the appointment of 20 Court of Quebec judges over the past six months by the Quebec government to curb delays in the criminal justice system, Quebec is struggling. The number of Jordan-related requests for a stay of proceedings keeps on surging. There were 895 Jordan applications as of late May, up from 684 at the end of March 2017.

    Provincial attorney generals across the country hoping the SCC would back down from the trial timelines set by the Jordan ruling were disappointed after the nation’s highest court unequivocally reaffirmed them recently in R v. Cody 2017 SCC 31. In a unanimous decision, the SCC made it plain that it will not yield to provincial attorneys general struggling with the Jordan timelines.

    Thanks to the appointments and reorganization, there will be four more Quebec Superior Court judges. Over the past month federal Minister of Justice and Attorney General of Canada Jody Wilson-Raybould appointed seven new Quebec Superior Court judges.

    Quebec Court of Appeal Justice Étienne Parent and his colleague Jean-François Émond are heading back to Quebec Superior Court while Quebec Superior Court Justices Simon Ruel and Jocelyn Rancourt were appointed to the appeal court. Also Montreal lawyer Peter Kalichman and Quebec City family lawyer Marie-France Vincent were appointed as Quebec Superior Court Justices.

    Biographies

    Quebec Court of Appeal Justice Étienne Parent, who was appointed as a puisne judge in June 2015, was appointed as a Superior Court judge in Shawinigan. He replaces Quebec Superior Justice Raymond Pronovost, who chose to become a supernumerary judge in July 2016. A 1982 graduate from Université Laval who was admitted to the Québec Bar the following year, Justice Parent led the Quebec Superior Court Commercial Division for the District of Québec from 2007 to 2011, and then became coordinating judge for the District of Arthabaska, a position he held until his appointment to the Court of Appeal.

    In a case of musical chairs, Quebec Appeal Court Justice Jean-François Émond was appointed as a Quebec Superior Court judge for the district of Quebec City, replacing Justice Simon Ruel, who has been elevated to the Quebec Court of Appeal. Justice Émond, received his civil law degree from Université Laval in 1988 and was called to the Quebec Bar in 1989, practised law with the firms of Stein Monast from 2007 to 2009, Desjardins Ducharme Stein Monast from 2003 to 2007, and Huot Laflamme (Marquis Huot) from 1988 to 2003. In May 2009, Justice Émond was named a judge of Quebec Superior Court, and became the coordinating judge of the Commercial Division for the district of Quebec City from 2010 to 2014. In June 2014, Justice Émond was appointed to the Quebec Court of Appeal.

    Justice Ruel, who was appointed to the Quebec Superior Court in 2014, practised mainly in public and administrative law and government affairs while a lawyer. A member of the Quebec Bar (1995) and of the Law Society of Upper Canada (2007), he began his career with the firm Grey Casgrain, and then became a litigator and counsel to the federal Department of Justice, the Privy Council Office, and the Department of Finance. Before his appointment, he was a partner with the firm BCF Business Law in Quebec City; previously, he had been a partner with Heenan Blaikie.

    Justice Ruel participated as counsel in numerous federal and provincial public inquiries and investigations, including the federal Commission of Inquiry into the Sponsorship Program and Advertising Activities, the Cornwall Public Inquiry, and the Commission of Inquiry on the Process for Appointing Judges. He also participated in the coroner’s inquest into deaths caused by Legionnaires’ disease in Quebec City in 2012 and represented the Manitoba Commission of Inquiry into the Circumstances Surrounding the Death of Phoenix Sinclair. Justice Ruel currently serves on the executive of the Canadian Bar Association Judges’ Forum.

    Newly appointed Quebec appeal court justice Rancourt received a Bachelor’s of Social Science (industrial relations) from Université Laval in 1981 and a law degree from the same university in 1984. Admitted to the Quebec Bar in 1985, he began his legal career with McDougall Caron in Montreal. In 1988, he joined the firm of Ogilvy Renault (now Norton Rose Fulbright) to practise labour and employment law. Justice Rancourt was national chair of the firm’s labour and employment law group and a member of its national executive committee until his appointment to the Superior Court of Quebec in June 2015. Justice Rancourt published numerous articles and made presentations at conferences on topics related to human rights, labour law, and occupational health and safety.

    Superior Court Justice Kalichman, a well-known Montreal civil and commercial litigator, was prior to his appointment a partner at Irving Mitchell Kalichman LLP. A B.A. graduate from McGill University before attending the Université de Montréal, where he earned a law degree, Justice Kalichman practised as a trial lawyer. He also acted as an arbitrator on the Conseil d’arbitrage des comptes des avocats du Barreau du Québec. Throughout his career, Justice Kalichman received wide recognition for his accomplishments as a trial lawyer, including being named a Fellow of the American College of Trial Lawyers, which is recognized as the preeminent organization of trial lawyers in North America. Apart from his involvement in law, Justice Kalichman has been an active member of Montreal’s Jewish community over the past 25 years.

    Justice Vincent, who too graduated from Laval University in 1995, was admitted to the Quebec Bar in 1996. She specialized in family law and became a certified family mediator in 2007. She served as a board member of the Association des familialistes de Québec where she from 2009 and was president from 2011 to 2013.

     

     

  • UN Working Group calls on Canada to do more to address human rights abroad

    A United Nations working group on business and human rights is calling on federal and provincial governments as well as industry associations and companies to bolster their efforts to prevent and address “adverse human rights impacts” of business activities in Canada and abroad.

    The UN panel lauded the federal government for undertaking some initiatives to deal with business and human rights, particularly in the extractive sector, but underscored that it could do much more.

    “We believe that there is greater room for both federal and provincial governments, industry associations and companies, to consider their activities both domestically and overseas through a human rights lens, using the UN Guiding Principles (on business and human rights) as a baseline to assess corporate respect for human rights,” said the panel in its statement.

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  • A third guilty plea in residential construction bid‑rigging scheme in Montreal

    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.

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  • Court of Quebec Judge acted as a private lender before being appointed

    A recently appointed Court of Quebec judge has lent more than $9 million in loans over the past few years, according to an investigation by a French-language newspaper.

    Judge Manlio Del Negro, who was formally inducted as a Court of Quebec judge yesterday during a ceremony held at the Montreal courthouse, allegedly provided more than 45 loans from 2006 to 2017 before being appointed as a judge this spring, according to the Journal de Montréal.

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  • Quebec yet again calls on Ottawa to appoint more judges

    Days after the new president of the Quebec legal society said that the landmark Jordan ruling could “do us good if we could solve the problem,” Quebec Justice Minister Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province.

    Despite significant investments over the past six months by the Quebec government to curb delays in the criminal justice system, Quebec is still struggling as the number of Jordan-related requests for a stay of proceedings keeps on surging. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there were 684 Jordan applications as of March 23, 2017, a figure that has grown to 895 as of late May.

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  • New Quebec Bar president lays bare uncomfortable truths about Quebec justice

    Paul-Matthieu Grondin & Claudia Prémont

    Barely a few minutes after reciting the oath as new president of the Quebec legal society, Paul-Matthieu Grondin laid bare uncomfortable truths about the Quebec justice system and the Quebec Bar itself.

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  • Quebec government appoints three new judges

    The Quebec government is ramping its judicial appointments to ease the growing backlog of cases in the justice system.

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  • Four charged with lobbying offenses

    A week after the Quebec Lobbyists’ Commissioner implored the provincial government to strengthen, expand and simplify the province’s lobby laws, and on the eve of his retirement, four lobbyists were charged with infringing the Lobbying Transparency and Ethics Act.

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  • Quebec lobbyists commissioner appeals for tougher legislation

    Talk is cheap.

    So says François Casgrain, Quebec’s lobbyists commissioner, who will be retiring by the end of the month after an eight-year term due to health reasons.

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  • Montreal legal aid lawyer appointed Quebec Superior judge

    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.

    The latest appointment still falls short of what the Quebec government has been demanding.  The provincial government asserts that it needs 14 new Superior Court judges to deal with the bottleneck in the criminal justice system.

    Aline Quach, a lawyer at the Bureau d’aide juridique Maisonneuve-Mercier, was appointed a judge of the Superior Court of Quebec for the districts of Abitibi, Rouyn-Noranda and Témiscamingue. She replaces Justice J.F. Buffoni (Montreal), who chose to become a supernumerary judge as of February 2017. Because of internal transfers requested by the Chief Justice, this vacancy is located in Amos.

    Justice Quach, who graduated from the Université de Montréal in 1994 and was called to the Quebec Bar in 1996, has focused on family law and international child abduction as well as civil and administrative law.

    Born in Saigon, Vietnam, Justice Quach lived in a refugee camp in Guam when she was two years old before landing in Quebec with her family as a refugee. Her parents wanted her to become a dentist, doctor or pharmacist but she had her mind set on studying law. Indeed, a profile of her jests that her very first oral argument was to convince her parents to let her register at the faculty of law at the Université de Montréal.

    Justice Quach, who speaks fluent French, English, Spanish and Vietnamese has been extensively involved with the Barreau de Montréal, and served on committees focused on mentorship and ethno-cultural diversity. She is also a member of Maison Daluze, a shelter for women who have suffered violence.

  • Business heaves sigh of relief as federal government suspends controversial private right of action provision in anti-spam law

    Canada’s business community has just heaved a huge sigh of relief.

    The federal government issued an Order in Council that suspends the controversial implementation of the private right of action under Canada’s Anti-Spam legislation (CASL) until the completion of a parliamentary review due to “broad-based concerns” raised by businesses, charities and the not-for-profit sector.

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  • Court approves $2.5 million class action settlement agreement involving hockey coach

    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.

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  • Ruling could lead lawyers to think hard before voicing concerns about legal system

    Quebec lawyers seem to have a knack for testing the limits of a lawyer’s ability to openly criticize the legal system.

    When Montreal criminal lawyer Gilles Doré wrote an acerbic letter to then Quebec Superior Court Justice Jean-Guy Boilard criticizing him for being pedant, cantankerous and petty, the case wound up before the nation’s highest court and was thought by many to have settled the issue.

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  • Family law reform dropped by Quebec government

    A government-mandated committee report that called for sweeping reforms of Quebec’s family law regime has all but been sidelined, making it the second the comprehensive report that the Quebec government has quietly shelved over the past month.

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  • Ottawa tech firms not guilty of bid-rigging

    A group of Ottawa-based technology providers were found not guilty of 60 charges of bid-rigging and conspiracy to rig bids by a jury after an eight-month criminal trial in a case that provides guidance and brings greater clarity over the reach of Canadian bid-rigging laws.

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Law in Quebec
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