Law in Quebec

This is the time of year when law firms and legal publications provide a retrospective look at some of the most significant judicial rulings in 2024. Here’s some of them.

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• Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (Aboriginal law, Constitutional Law: Division of Powers)In a decision that marks a major step in the evolution of Canadian law’s treatment of Indigenous laws and legal orders, according to legal pundits, the Supreme Court of Canada upheld the constitutionality of a federal statute that affirms Indigenous peoples’ right of self-government with respect to child and family services.”On an immediate level, it is a hugely important decision for Indigenous communities across the country working to implement their own child and family welfare services and for the Indigenous children and families who interact with child and family services. More broadly, it also has important implications for how Parliament can promote “legislative reconciliation” through the passage of laws that affirm Aboriginal and Treaty rights and that incorporate Indigenous laws and legal orders.” JFK Law LLP
  • Here’s how the Quebec Appeal Court examined the issue: Quebec appeals landmark ruling that affirms self-governance for Indigenous peoples

•  Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 (Aboriginal law: Good Faith and Honour of the Crown)The Supreme Court confirmed in a precedent-setting decision that contracts between the Crown and Indigenous communities can engage the honour of the Crown.”This case provides new, largely helpful, insight into how the Crown must conduct itself in contractual relationships with Indigenous peoples. This case provides clarity on when and how obligations of the honour of the Crown apply to Crown contracts with Indigenous parties.” Olthuis Kleer Townshend LLP
  • The Quebec Appeal Court’s take on the issues: Quebec Appeal Court sets precedent over First Nations police underfunding

• Eurobank Ergasias S.A. v. Bombardier inc., 2024 SCC 11 (Business law)This Supreme Court ruling confirms that a Canadian bank must refuse payment to the beneficiary of a letter of credit due to fraud.”The decision also touches on important principles of private international law, such as comity and the principles applicable to the recognition and enforcement of foreign judgments by Québec courts. In that vein, the SCC’s decision strongly signals that a foreign judgment’s disregard to a binding international arbitration order or award may violate public order as understood in international relations and thus lead to its unenforceability in Canada.” Borden Ladner Gervais LLP

  “The Supreme Court’s decision is a significant decision on the law of bank guarantees in Canada, which are often provided for in international contracts with arbitration clauses, especially in the field of construction. The decision expands on the principles applying to the sole exception to the obligation of banks to pay a beneficiary of a letter of credit on demand: fraud.” Arbitration Matters

• Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 (Labour law: Freedom of Association)In a favourable decision for employers, the Supreme Court held that exclusion of first-line managers from a statutory collective bargaining regime was constitutional.”Ultimately, as the Supreme Court rightly points out, the legislative exclusion of managers from the labour relations regime set out in the Labour Code makes it possible to avoid role conflicts between employer and employees in the context of their professional responsibilities (for example, in the context of collective bargaining of employees’ working conditions). This exclusion ensures managers adequately represent the employer’s interests, and thus preserves the employer’s confidence in its representatives.” Norton Rose Fulbright LLP

  “The Supreme Court of Canada dealt with a number of important issues that are significant for the law of judicial review of administrative action and for regulation more broadly.” Paul Daly, law professor at the University of Ottawa

  • Here’s a look at how the Quebec Court of Appeal dealt with the case: New labour relations legal landscape on the horizon following Appeal Court decision

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• Alliance de la fonction publique du Canada (AFPC) c. Association des femmes autochtones du Canada, 2024 QCTAT 2520 (Labour law)In another significant decision dealing with labour law, the Quebec Administrative Labour Tribunal ruled that a union bargaining unit could include both employees working in Quebec on an in-person basis and employees working remotely from other Canadian provinces.”The proliferation of teleworking is having a real impact on employers’ rights and obligations, which is still difficult to measure.” Norton Rose Fulbright.

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• McLaren Automotive Incorporated v 9727272 Canada Inc. (Arbitration)Internal arbitration appeal mechanisms do no breach public policy, do not derogate from the jurisdiction of the courts, and do not violate the principle of proportionality, points out Gowling WLF following a decision that used international trends as part of its reasoning.”The fundamental underpinning of arbitration is freedom of contract—the right of parties to choose how to resolve their disputes. The decision in McLaren Automotive is very much rooted in that principle, and it is difficult to disagree with the approach taken by the Court.” Gowling WLG

SUGGESTED READINGS:

• Supreme Court of Canada 2024 Year-in-Review
• Supreme cases: a look back and look ahead
• 2024 Review of Real Estate Law Highlights in Quebec
• A new year in Canadian workplace law
• The Year in Review – Notable Cases of 2024
• 2024 year in review: Dentons Canada’s top client insights