A proposed Quebec legislative reform that recognizes and regulates surrogacy, 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.
Errors and omissions by defence counsel, the Crown prosecutor and even the trial judge were not “determinative” after a man who sought to withdraw his guilty plea to sexual assault.
The Quebec Court of Appeal admonished a trial judge who acquitted a father accused of incest for holding biases and stereotypes over the way a sexual assault victim should behave.
A class action launched by 20 women who allege they were sexually assaulted or harassed by the founder of Just for Laughs was certified by Quebec Superior Court.
Why it matters: “If the plaintiff was not authorized to file the current class action, it is highly likely that many victims would be deprived of their ability to exercise their rights,” said Justice Bisson.
The Quebec Bar and the Quebec Ombudsman wants to make it easier for alleged victims of sexual assault to gain access to the legal system and are calling on the provincial government to follow in the footsteps of the overwhelming majority of Canadian provinces and eliminate the prescription period for civil actions in cases of sexual assault.
Why it matters: “It is necessary to make restorative justice accessible which means ensuring that victims of sexual assault can exercise their rights in all confidence and liberty and in the simplest manner possible.”