Law in Quebec

News about Quebec legal developments

  • Montreal law firm teams up with Quebec video games non-profit

    Montreal law firm De Grandpré Chait, a firm specializing in real estate since the beginning of the 20th C, is now branching out to the thriving and world-leading Quebec video game hub after it announced a partnership with a Quebec non-profit organization.

    In what has been described as an “imaginative way to do business” in the flourishing sector by a lawyer familiar with the Canadian legal business landscape, De Grandpré Chait will be offering legal services at a discount to more than 300 members and partners of the Quebec Video Game Guild. The Guild, the largest group of its kind in the world, brings together independent and international video game developers, creators, educational institutions and entrepreneurs established in Quebec.

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  • McGill law professors unionized

    Almost a year to the day when McGill law professors formally launched proceedings to become recognized as an exclusive bargaining unit for faculty members, the longer than expected legal battle culminated with an unequivocal victory after the Quebec labour board issued granted certification, a first for professors in the university’s 200-year history.

    The “slam dunk” decision by the Quebec Administrative Labour Tribunal sets the stage for changes to the labour landscape at McGill, with the new union intending to flex its muscles over a growing inclination towards centralization at the university, safeguard the collegial governance at the faculty level and negotiate a collective agreement that will provide better working conditions and security, according to leaders of the Association of McGill Law Professors (AMPL).

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  • Parents appeal decision to remove allowing hospital to remove child’s breathing tube

    The parents of a five-year old child who has been in a coma for the past six months will appeal a Quebec Superior Court decision allowing a Montreal children’s hospital to permanently remove the breathing apparatus in a heart-breaking case that is in line with jurisprudence, according to health law experts.

    The decision by Quebec Superior Court Justice Bernard Jolin, commended for being sensitive, solicitous and thoughtful, reaffirms that the best interests of the child must prevail, underlines that courts do not “strip” parents of their parental authority when going against their wishes but rather “corrects their manifestly erroneous decision,” highlights that the courts will take into account suffering as an important consideration, and illustrates the strain that may arise between faith and medical evidence.

    “It’s not a judgment that breaks new ground in law but I am pleasantly surprised by the tact with which the judge goes about it,” said Montreal lawyer François Dupin, Ad.E, formerly with the Public Curator of Quebec. “He tries to explain the ins and outs of his grave decision. That’s important because if he was just concerned about the legal thing, he could have asked for the provisional execution of the judgment. But he didn’t do that. He wanted to give the parents a chance to appeal.” In Quebec, litigants challenging forced medical care have five days to ask the Quebec Court of Appeal to review the decision.

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  • Landmark ruling curbs arbitrary police stops in racial profiling case

    An “obsolete” common law rule framed by a 1990 Supreme Court of Canada ruling and codified by the Quebec Highway Safety Code that allowed police to randomly conduct motor vehicle stops without cause was set aside by a landmark Quebec Superior Court decision that held it was in violation of the Canadian Charter and a “vector, even a safe harbour” for racial profiling against the Black community.

    In a decision hailed as historic as it recognizes that racial profiling is a reality that “weighs heavily” on Black communities, particularly Black drivers, Quebec Superior Court Justice Michel Yergeau held that the arbitrary power police have to carry out roadside stops without grounds is in breach of s. 7, 9 and notably 15.1 of the Charter, ostensibly the first time that s. 15 has been used to invalidate or declare inoperative a criminal provision, according to legal experts.

    “We’re not there yet but potentially this decision will have an impact everywhere in Canada,” noted Karine Joizil, a Montreal litigator with McCarthy Tétrault who represented the Canadian Association of Black Lawyers, intervenors in the case. “What struck me is the clarity of the decision, and what this judgment is not about. It’s not a judgement against roadblocks, against police work, or on the values of the police. It’s really a judgment about whether s. 636 (of the Quebec Highway Safety Code) is well drafted or has the effect of creating a prejudicial effect for a category of the population that is otherwise protected by rights guaranteed under the Charter. It’s a wise and timely decision.”

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  • Quebec Court reaffirms authority of Aboriginal communities in youth protection

    First Nations that have implemented youth protection legislation under the auspices of the federal Bill C-92 have jurisdiction over youth welfare regardless of place of residence held a provincial court judge in a decision viewed by legal experts as a precedent.

    The long-awaited decision, widely regarded by legal pundits as an important stepping stone towards the right to self-government for First Nations, reaffirms the generic right to self-determination, confirms the authority of Aboriginal communities to withdraw children from the care of Quebec youth protection authorities, and highlights the importance of negotiating in good faith.

    “This is the first judgment in such a matter, and we hope it will create a precedent,” said Frédéric Boily, a lawyer with Simard Boivin Lemieux in Dobeau-Mistassini in the Saguenay-Lac-Saint Jean region who represented the the Conseil des Atikamekw d’Opitciwan, an intervener in the case. “So another Aboriginal community that wanted to follow in our client’s footsteps would indeed have good moorings on which to build.”

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  • New guidance provided Quebec Appeal Court over forced hospitalizations

    An elderly single woman spearheaded a significant advancement for the rights of people who are ordered to be hospitalized after the Quebec Court of Appeal considerably broadened the obligations of the courts and healthcare institutions to appoint in most cases an ex officio lawyer to safeguard their rights and interests.

    The decision, hailed by mental health legal experts as a step in the right direction, all but compels trial judges to appoint ex officio lawyers to represent the interests of individuals deemed to be “incapable” by the court, underlines that hospitals must ensure that such individuals have the opportunity to obtain counsel, and emphasizes that incapable people too have rights that must be respected, according to mental health legal experts.

    “The Court of Appeal calls on the courts of first instance to take these matters seriously and to give due weight to judicial debates, as it should, with the contribution of lawyers in most cases,” noted Emmanuelle Bernheim, University of Ottawa law professor and Canada Research Chair in Mental Health and Access to Justice. “The Appeal Court also stresses that the rights (of incapable individuals) are important and they must be debated, and the role of the court is not just to endorse measures taken by others who are doctors. It doesn’t matter how unfit people are. Unfitness does not mean that you can intervene and infringe on someone’s right to integrity and freedom, and that deserves a judicial debate.”

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  • Chief Justices call for modernization of court system

    The chief justices of four courts, addressing hundreds of judges and lawyers in person at the Montreal courthouse for the first time since the onset of the pandemic, broadly outlined their priorities and concerns at the Quebec’s opening of the courts ceremony, from the promise and pitfalls of technology to modernize the justice system to the debilitating impact of chronic underfinancing to the erosion of decorum in the courtroom and the pernicious effects of disparaging social media comments.

    The chief justices, faced with no choice but to implement technological innovations at breakneck speed after COVID-19 struck in March 2020 in order to arrest the temporary paralysis of the justice system, now warn that while technological modernization of courts is inevitable and necessary, it is not the panacea that will resolve the host of challenges confronting the justice system.

    “The digitization of the courts will not solve all the problems we face, and it may even raise new ones, but it is a step in the right direction,” remarked Quebec Court of Appeal Chief Justice Manon Savard who underlined that the appellate court is working “intensely” with the provincial Ministry of Justice to to establish a digital Court of Appeal within the next two years.

    “This movement is irreversible. Society as a whole is increasingly turning to digital processes, in all sectors of activity. Courts must keep pace. In order to maintain or even improve the efficiency of courts in a post-pandemic context, the implementation of a reform focused on the use of technology will certainly be part of the solution,” said Chief Justice Savard in the summit entitled “Building the Future.”

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  • Quebec Appeal Court increases sentence for sexually assaulting a child

    A 21-year old school janitor who sexually assaulted a 13-year old child had his sentence increased to 15 months imprisonment from 90 days by a divided Quebec Court of Appeal after the majority held that the trial judge failed to prioritize denunciation and deterrence as overriding factors.

    The majority decision crystallizes the growing trend to mete out tougher punishments for sexual crimes against children following a seminal Supreme Court of Canada decision, and it appears to send a strong message to trial judges following a recent controversial decision that caused an uproar in the province, according to criminal legal experts.

    “The message is clear,” said Université de Montréal criminal law professor and author Hugues Parent. “When there is no demonstration of rehabilitation on the part of the accused, when it is not convincing, the objectives of denunciation and dissuasion must be predominant, as a priority in child sex cases. So, from that point on, it is certain that the sentence will be very severe.”

    According to Julien Grégoire, a Quebec City criminal lawyer, the Appeal Court judgment illustrates, despite the dissent, that the key principles of the landmark SCC decision in R. v. Friesen, 2020 SCC 9 involving the abuse and exploitation of children, “are now inescapable and it is not enough (for the courts) to state them but to apply them in practice.”

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  • Provincial elections spur labour agreements with lawyers

    There’s nothing like an election to concentrate the mind.

    In recent weeks, the Quebec government settled acrimonious labour disputes that threatened to spill over during the election. The provincial government, faced with the prospect of large swaths of legal actors interrupting electoral efforts with unsightly placards during the campaign,  quietly reached an agreement with private sector lawyers who take on legal aid mandates, and more recently with government lawyers and notaries.

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  • Pragmatic measures must be implemented to address problems plaguing Nunavik’s justice system: report

    A series of wide-ranging concrete administrative and structural reforms, coupled with a new regional or municipal court, legal aid for all Inuit, and greater inclusion for traditional Inuit dispute resolution methods, should be implemented by the Quebec government and legal authorities to provide greater access to justice and tackle the alarming and increasing caseload in Nunavik, according to a recently published report.

    “It is of primary importance to recognize that the system, as it currently exists, has failed in many respects,” said the report, which was mandated by the Quebec Ministry of Justice and the Makivik Corporation, the Inuit’s legal representative under the terms of the 1978 James Bay and Northern Quebec Agreement. “Reoffending rates have not declined, the Inuit have not been included, and bridges with traditional dispute resolution methods have not been used.”

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  • Man acquitted of sexual assault because professional secrecy was breached

    A man convicted of sexually assaulting a four-year-old child was acquitted by the Quebec Court of Appeal after it held that a confession he made during therapy should have been protected by professional secrecy.

    The decision by the divided Appeal Court underlines that therapy group sessions do not mitigate a medical professional’s confidentiality obligations, reaffirms that professionals may be relieved of the duty of confidentiality but only under specific circumstances, and provides guidance over the role the Charter plays in the application of the so-called Wigmore test which determines whether or not communications are privileged, according to criminal lawyers.

    “No one is going to seek treatment if they know that every time they say something, it will be used against them,” noted Marie-Pier Boulet, a Montreal criminal lawyer who heads the Association Of Defense Counsel of Quebec. “Essentially, the Appeal Court wants to protect professional secrecy in a therapeutic setting. Just as we want to protect therapeutic privileges of complainants so that they continue to have confidence that their privacy will be respected, their right to therapy and their right to professional confidentiality, the accused too have that right. Otherwise, no one is going to get help.”

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  • New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child

    A new trial for a man convicted of sexual interference on a child was ordered by the Quebec Court of Appeal after it held that the trial judge’s refusal to allow the re-opening of the complainant’s cross-examination infringed his right to make full answer and defence.

    In a decision brimming with guidance over the scope of sections 10 and 11 of the Canada Evidence Act to dispel “some confusion” around cross-examinations on prior inconsistent statements, the Quebec Appeal Court held that despite the impact of a new trial on the complainant, an autistic child, who will have to testify again, “no other outcome can be considered” when the right to a full answer and defence and the right to a fair trial have been infringed.

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  • Plaintiff class action legal fees under the microscope

    A $28-million settlement reached with a Catholic religious order in a sexual abuse class action was rejected by Quebec Superior Court because of the high legal fees associated with the agreement, the second Quebec class action settlement in the past month whose legal fees have been the subject of a critical assessment.

    The decision by Quebec Superior Court Justice Thomas Davis to rebuff a settlement for more than 375 alleged victims of sexual assaults committed by members and employees of the Clercs de Saint-Viateur of Canada follows on the heels of a ruling in mid-June by Quebec Superior Court Justice Daniel Dumais to curb plaintiff class action legal fees by 20 per cent in the so-called Dieselgate scandal in which German carmaker Volkswagen AG violated Canadian emissions standards.

    The decisions underline that settlement approvals are not a rubber stamping exercise, demonstrate that the courts will take into account the Code of Professional Conduct of Lawyers (Code) when examining plaintiff class action legal fees, reiterate the importance of transparency vis-à-vis clients even in a class action setting, and illustrate why settlement approvals should be separate from and not contingent on class counsel fee approvals, according to class action legal experts.

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  • Legal experts hope first remediation agreement under Criminal Code will lead to more

    Nearly four years after the federal government added deferred prosecution agreements to the Criminal Code as part of its arsenal to fight corruption and other white-collar crime, legal experts hope that guidance provided by Quebec Superior Court in Canada’s first ever remediation agreement will prompt federal prosecutors and organizations to take advantage of the new way of settling criminal charges.

    The comprehensive, meticulous and “important” decision introduces a “welcome” degree of certainty to the new process in the absence of accompanying regulations, guidelines or policies in the remediation agreement regime, according to legal experts. The ruling by Quebec Superior Court Justice Éric Downs sheds light on how remediation agreements will be broached by the courts, indicating that while they will not act as a “rubber stamp” in reviewing proposed settlements, the agreements will be afforded a high degree of deference, added the experts. The judgment also signals that self-reporting, though not a “hard condition,” will carry considerable weight as does “strong cooperation” to help sway the courts to sanction the agreement, they added.

    “It’s an important decision because there were question marks around how the courts would approach the approval of a remediation agreement and how involved they would be in the process,” noted Louis-Martin O’Neill, a Montreal M&A and securities litigator with Davies Ward Phillips & Vineberg LLP. “The Court was very mindful of the fact that there is a huge need for stability in the system, and that implies that when a corporation starts to negotiate with the prosecution for a remediation agreement it has to know that unless something very grave happens, that agreement should stick when presented to the court.”

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  • Former Quebec Superior Court Chief Justice reflects on challenges posed by pandemic and lack of resources

    After seven years at the helm of Quebec Superior Court, the last two particularly challenging and exhausting, Justice Jacques Fournier has stepped aside and became a supernumerary judge, with the reins being handed to Marie-Anne Paquette, a puisne judge of the Superior Court of Quebec for the district of Montreal.

    In a tenure he described as not “not being a calm river” or not without obstacles, former Chief Justice Fournier began his mandate in 2015 dealing with the introduction of a new Quebec Code of Civil Procedure, a major reform that “needed to be assimilated” as it granted judges broader case management powers and bestowed a greater role to the principle of proportionality, followed by the landmark Jordan ruling and a legal battle with the Court of Quebec over monetary thresholds that wound up before the nation’s highest court, culminating with coming to grips with the “very demanding” pandemic.

    “The decision (to step down) was very difficult, extremely difficult,” the 71-year old Justice Fournier told me. “I am going to miss it. But after seven years, you also have to know when to leave. At some point, it takes its toll without realizing it. I loved it, but there’s more to life than that.”

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Law in Quebec
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