Tag: Canadian charter of rights and freedoms

Right to protest in the streets is a constitutionally protected right

An article of Quebec’s Highway Safety Code that was used to break up demonstrations has been repealed after a Quebec Superior Court judge held that it was unconstitutional in a ruling that reaffirmed that protesting in the streets is a constitutionally protected right.

Justice Guy Cournoyer acquitted Gabriella Garbeau, one of 150 protestors who were fined during a 2011 anti-police brutality march in downtown Montreal under Article 500.1 of Quebec’s Highway Safety Code, which prohibits anyone from using a vehicle or other obstacle to block a highway “during a concerted action intended to obstruct in any way vehicular traffic.”

In a ruling applauded by civil rights activists, Justice Cournoyer overturned a municipal court ruling and found that Article 500.1 was in violation of Garbeau’s right to freedom of expression and peaceful assembly as protected by the Canadian and Quebec charter of rights.

Tough on crime agenda suffers another blow

The federal government’s tough-on-crime agenda suffered another blow after the Quebec Court of Appeal ruled that a legislative amendment slipped into the 2012 omnibus bill that effectively ended mandatory parole board hearings following a suspension, termination or revocation of parole or statutory release was of no force in the province.

Litigation privilege given same protection as solicitor-client privilege

A provincial regulator that sought to force an insurance company to provide documents in the course of an investigation failed after the Quebec Court of Appeal held that the documents were covered by litigation privilege and solicitor‑client privilege.

In a marked departure from past rulings, the Quebec Court of Appeal appears to have granted litigation privilege the same protections afforded to solicitor-client privilege. In a clear blow to Quebec provincial regulators, the appeal court held in the much-anticipated ruling that regulatory bodies cannot gain access to documents covered by litigation privilege unless it is statutorily mandated.

“I was pleasantly surprised by the ruling because the Quebec Court of Appeal had in previous rulings minimized the importance of litigation privilege,” said Montreal lawyer Sylvain Lussier.