Law in Quebec

News about Quebec legal developments


  • French-language law faculties grappling with new breed of generative AI tools

    A year after the emergence of a new breed of generative artificial intelligence tools were thrust into public consciousness, with the program ChatGPT leading the charge, French-language law faculties in Quebec, Ontario and New Brunswick are still grappling over its far-reaching potential impacts on teaching and learning in higher education.

    The widespread availability of free and low-cost AI chatbots capable of generating sophisticated, human-like responses culled from heaps of data from open-web content has stirred debate and prompted deliberation within French-language law faculties over a host of issues, ranging from academic integrity or cheating, cognitive bias, privacy and security concerns, intellectual property rights, and the benefits and risks of implementing AI tools in teaching and learning.

    Some law faculties, while they have not closed the door on implementing their own internal policies, have however opted to wait for their institution to forge an establishment-wide AI policy. Others such as the Université du Québec à Montréal see no need for a university-wide policy or formal departmental guidelines governing the use of AI, other than the stipulation that students respect academic integrity regulations.

    “It’s clear that things are changing fast, which is why we need to work well,” said David Robitaille, vice-dean of studies at the Faculty of Law – Civil Law at the University of Ottawa. “It’s certainly a priority issue for faculties, at least for ours. But we shouldn’t rush into solutions too quickly.”

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  • Decision may spur authorities to hold organizations accountable for workplace deaths

    An appeal by a Quebec City company that was found guilty of criminal negligence causing the death of one of its workers was dismissed by the Quebec Court of Appeal in a “very important” decision that may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths, according to legal experts.

    In one of the few appellate court decisions in the country that has examined the criminal liability of organizations, the Quebec Appeal Court clarified the use and scope of the so-called Westray bill or Bill C-45, particularly section 217.1 of the Criminal Code, held that any evidence, including circumstantial evidence, during the period preceding the indictment is admissible, and that victim’s statements reported by witnesses is allowed so long as it is used for narrative rather than adjudicative purposes, noted legal pundits.

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  • Far-reaching decision addresses racial profiling in prisons

    The Quebec Human Rights Tribunal ordered the Attorney General of Quebec and eight prison employees to pay a young black man $41,500 in moral and punitive damages in a decision deemed to be a major step forward in the recognition of racial profiling and the duty to accommodate in prisons, according to legal observers.

    The ruling, the first to deal with racial profiling in a Quebec detention center, also issued public interest orders under Article 80 of the Quebec Charter of Human Rights and Freedoms, compelling the provincial Ministry of Public Safety to develop and implement a strategic plan for discriminatory profiling and disseminate the plan to all correctional officers.

    “Given the documented overrepresentation of black people in prisons, it is disturbing that prison staff are not more aware of the phenomenon of racial profiling and the prejudices and stereotypes that affect those who are subject to it,” said the Tribunal in Commission des droits de la personne et des droits de la jeunesse (Toussaint) c. Procureur général du Québec (Ministère de la Sécurité publique), 2023 QCTDP 21.

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  • Quebec Appeal Court seeks to avoid opening floodgates for claims against landlords, say experts

    The Quebec Court of Appeal, concerned about opening the “floodgates” for claims against landlords, held that a commercial tenant could not invoke the notion of legal disturbance to stop paying their rent during  the COVID-19 pandemic, according to legal experts.

    The possibility that health decrees might constitute a legal disturbance has been raised on a number of occasions by trial judges, particularly at the safeguard order stage, but this is the first time that the Appeal Court has addressed the issue.

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  • Quebec ruling ‘important step forward’ for labour rights

    Quebec’s provincial police officers, dissatisfied with the progress of labour negotiations, will begin donning colourful cargo pants, a tactic that was given the green light by a ruling that recognizes the right to modify uniforms as an “associational activity” that could be protected by the Canadian Charter.

    “We have no choice but to resort to a means of visibility that conveys a message of dissatisfaction,” said Jacques Painchaud, president of the Quebec Provincial Police Association (APPQ), in a press release.

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  • Crypto-asset exchange platforms under the spotlight

    The Quebec financial watchdog is clamping down on foreign crypto-asset trading platforms.

    Barely two months after a Dubai-based crypto-asset trading platform operating without a licence in Quebec was fined $2 million and ordered to cease trading in the province, the Financial Markets Administrative Tribunal (Tribunal) sanctioned the operators behind Hong Kong-based Coinex.com and its entities.

    The Tribunal imposed an an administrative penalty of $2 million on Coinex and its entities, on a joint and several basis, and an administrative penalty of $300,000 against  its founder Haipo Yang.  CoinEx Global Limited, founded in 2017, also trades as CoinEx and CoinEx.com, CoinEx Global Limited (CoinEx Canada), CoinEx Global Limited (CoinEx Estonia) and Vino Global Limited (Vino Global). The Tribunal also ordered the CoinEx entities, Vino Global Limited, and Haipo Yang to permanently block access to the site within two months following the ruling.

    The decisions by the administrative tribunal reaffirms the resolve by securities watchdogs to protect investors from non-compliant crypto-asset trading platforms firms, according to legal experts.

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  • Easing of Quebec language law may be helpful for business, but questions remain: legal experts

    New regulations aimed at blunting some of the more onerous stipulations of Bill 96, Quebec’s French language law, help take into account practical realities faced by business and organizations but are not the panacea some may think, legal experts warn.

    The regulations, one aimed at Quebec’s civil administration and the other targeting the research world, clarify provisions of the Quebec Charter of the French Language (Charter) and temper the blanket requirement to use French, allowing under limited circumstances the use of languages other than French in communications, contracts and documents.

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  • Quebec revises law on medical assistance in dying, but questions remain

    Quebec has adopted a law that broadens access to medical assistance in dying (MAiD) and allows for advance requests for doctor-assisted death, but health law experts warn that clear direction will be needed to help clinicians, patients and the public navigate existing disparities between the federal and provincial regime.

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  • Impact of lengthy imprisonment on offender family’s is a mitigating factor

    In a case that provided the Quebec Court of Appeal with an “opportunity to address the extent to which the detrimental impact of a lengthy term of imprisonment on the offender’s family can operate as a mitigating factor in the sentencing process,” the appellate court dismissed an appeal by the Crown over a sentence handed to a man found guilty of two counts of sexual interference on his 12-year old daughter and her friend.

    Keen on dispelling the Crown’s contention that the sentence of 90 days’ imprisonment sentence to be served intermittently was lenient and demonstrably unfit, the Appeal Court reiterated that sentencing ranges are only guidelines, reaffirmed that the objectives of denunciation and deterrence should be given relative precedence, and underlined that the detrimental impact of a lengthy term of imprisonment on the offender’s family can be considered as a mitigating factorin exceptional cases, affirm legal experts.

    “It’s an excellent decision,” remarked Hugues Parent, a criminal law professor at the Université de Montréal and author of “Treatise on Criminal Law” which is cited in the decision. “Taking into account the impact of a person’s incarceration on the family can only be done when the sentence respects the principles of proportionality. It is certainly not a predominant factor in all cases, that’s for sure. It is only considered in exceptional cases where the person has a favourable profile.”

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  • Quebec family law reform prompts questions from experts

    A proposed Quebec legislative reform that recognizes and regulates surrogacy in order to protect the best interests of the child, establishes new regulations on parentage, and aims to protect children born as a result of sexual assault has been commended by notaries but drawn mixed reaction from family law experts.

    Bill 12, part of an ongoing effort by the provincial government to revamp family law, allows a child born as a result of rape to challenge his filiation to the assailant, compels the aggressor to pay compensation to meet the child’s needs, amends the Civil Code of Québec to specify the various ways of establishing filiation, and puts Quebec on the same footing as several other provinces by giving legal recognition to surrogacy contracts.

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  • Steps need to be taken to help women lawyers be on a more equal footing: experts and report

    SCC Justice Bertha Wilson

    An overhaul of the legal business paradigm coupled with more women attaining positions of power and greater transparency over remuneration are key towards helping women achieve more parity and to stem their exodus from the legal profession, urges a report and legal pundits.

    “We are all aware that there have been advances in recent years, but we cannot be satisfied with the current situation,” remarked Suzie Lanthier of Gowling WLG International Limited and head of the Forum of Women Lawyers at the Canadian Bar Association, Quebec Division. “Just because it’s better than before doesn’t mean we should do nothing to improve it.”

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  • Quebec women lawyers make strides but still face significant obstacles, says report and legal experts

    Women have made significant strides in the legal profession since they have become the majority of lawyers in Quebec nearly a decade ago. However, they still face considerable obstacles over pay equity, access to partnerships or leadership positions, work-life balance and suffer silently due to sexual harassment and discrimination, prompting many to shun private practice and leave the profession far earlier than men, according to a report and leading Quebec legal actors.

    “There is still work to be done to ensure that the share of female members in our professional order and their contribution to their workplaces is fully recognized throughout their careers,” said Catherine Claveau, the head of the Quebec Bar. “What has changed is that maybe we are becoming more and more aware of the importance of women in the profession. But in practice, unfortunately, it’s not very much reflected in the statistics.”

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  • Insurer to pay $1.5 million after Quebec Superior Court deems suicide exclusion to be null and void

    In “an invitation to the seemingly impenetrable world of insurers to open their eyes” to a legislative requirement of public order designed to protect the interests of the insured, Quebec Superior Court ruled that an insurance company must pay beneficiaries $1.5 million because it failed to properly reveal exclusions in an insurance policy.

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  • SCC to hear appeal over secret criminal trial

    The Supreme Court of Canada will hear an appeal from a slew of media organizations challenging confidentiality orders issued in a secret criminal trial, with no paper trail, that was held in Quebec.

    The secret trial only came to light after the defendant chose to appeal the verdict before the Quebec Court of Appeal.  The trial did not have a case number and was never filed in the province’s judicial archives. As disturbingly, the names of the defence lawyer, the Crown prosecutor and the judge were excluded from the public record as were the offence, date and location of where the trial took place. Moreover, witnesses were interviewed out of court, and the parties asked the judge to decide the case based on transcripts.

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  • Quebec legal world divided over notaries gaining access to the bench

    The Quebec government, after scant debate and without the input or testimony of several major legal actors, has forged ahead in spite of forceful opposition by lawyers’ organizations with a controversial and divisive bill that will allow notaries to be appointed to the bench of provincial courts.

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Law in Quebec
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