Quebec municipalities will likely have to review their firearms and hunting bylaws after a farmer who received a fine for shooting a deer on his property waged a successful legal battle that prompted Quebec Superior Court to strike down a municipal bylaw that prohibits hunting as it ran afoul of provincial and federal legislation.
The decision, one of a handful that examines the extent to which municipalities can regulate the use and possession of weapons on their territories while respecting provincial hunting standards, underlines that Quebec municipalities have the power to pass bylaws over the use of weapons and can add safety rules set out in provincial standards, added the legal pundits. But these measures, while a “complex exercise,” must clearly set out their objectives, the means of enforcement and must be exercised in a reasonable manner without exceeding the legislative framework, added the lawyers.
Three of Canada’s biggest sign companies have six months to demolish dozens of billboards in a trendy Montreal borough after the Quebec Court of Appeal held that a municipal bylaw banning outdoor advertising panels represents a minimal infringement on freedom of expression.
A deeply-divided Supreme Court of Canada recently held that a class action is not an appropriate procedure to challenge the validity of a municipal by-law in a ruling that may have an impact for all common law provinces even though the decision dealt with the Quebec provincial regime for class action authorization.
In narrowly upholding a decision of the Quebec Court of Appeal by a five-to-four margin, some legal observers now wonder whether the ruling, Marcotte v. Longueuil (City), 2009 SCC 43, has curbed access to justice through class action by seemingly holding, among other reasons, that class actions are inappropriate for matters where summary disposition is appropriate.