Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Un juge de la Cour supérieure siégeant sans jury n’est pas apte, selon l’article 473 (1.1) C.Cr., à juger une personne qui n’est accusée d’aucune infraction mentionnée à l’article 469 C.Cr., mais dont le coaccusé est, lui, accusé d’un crime prévu à cette disposition.

Intitulé : Al-Sherifi . . . [more]

Migrant caregivers are the backbone of Canada’s care economy yet they remain one of the most vulnerable groups in the labour market.^[1] The roughly 25,000, predominantly racialized women migrant caregivers in Canada provide essential care for children, the elderly, people with disabilities, and people in need of ongoing medical care. For decades, Canada has sought to fill critical workforce shortages in the caregiver industry by providing temporary immigration pathways tailored to foreign workers.^[2] Foreign workers arriving mainly from the Global South have temporarily made Canada their home through federal immigration programs like the Live-In Caregiver Program (1992-2014), the . . . [more]

I recently attended the Annual Conference of the Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit (CALL/ACBD) held from June 25 to 28 in Montréal, and it was a highly enriching experience. The conference was meticulously organized under the theme of “Languages of Law”, offering a robust lineup of sessions and activities that catered to various interests within the law library community.

One of the standout sessions was the keynote titled “Navigating Bill 96: Legal, Linguistic, and Societal Perspectives,” presented by Jean-Pierre Corbeil and Julius Grey. This session provided valuable insights into the multifaceted implications of . . . [more]

Children dressed in suits, we drive silently. The one kid slides in a cassette tape and I hear it for the first time, a song I will listen to for the rest of my life in a trance, o’ let the sun beat down upon my face, as I look out the window. I don’t know the song and I want to ask but the music fills the space and there is no other space, not for speaking, not for laughing, not for crying.

We step into the stone building and everyone is there, all in black and white. . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Le procureur général du Québec est condamné à payer aux membres du groupe, des personnes titulaires de permis de taxi au Québec depuis le 28 octobre 2013, une indemnité d’expropriation fixée à 143 873 463 $.

Intitulé : Metellus c. Procureur général du Québec, 2024 . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from July 26 – August 15, 2024 inclusive.

Appeals

Aboriginal Law: Treaties; Standard of Review; Fiduciary Duties
Ontario (Attorney General) v. Restoule, 2021 ONCA 779; 2024 SCC 27 (40024)

Although a trial judge’s findings of historical fact attract deference, the interpretation of historic Crown-Indigenous treaties is . . . [more]

Until recently, parties to a contract did not owe any obligations of good faith towards each other in Canadian common law jurisdictions. There was no obligation of good faith in the negotiation process, none in the performance of contractual obligations, and only limited such obligations in contract termination.[1] There was, for example, no obligation not to lie to your contracting party when performing your contractual duties (unless it constituted the tort of civil fraud). The courts explained the contractual relationship as one in which each party is to get the best deal for themselves, using whatever pressure legitimately at . . . [more]

The Canadian Radio-Television and Telecommunications Commission (CRTC) remains one of the bodies responsible for compliance with Canada’s Anti-Spam Legislation (CASL).

On April 4, 2023, Canadian police services participated in an internationally coordinated enforcement action against the Genesis Market that traded in stolen credentials and account access. The Genesis Market had over 1.5 million bots and over 2,000,000 identities when it was shut down. It was one of the largest criminal facilitators at the time.

Canadian police worked closely with law enforcement authorities in 17 countries in this coordinated effort. The United States Federal Bureau of Investigation led the international operation . . . [more]

At a recent conference in Montreal, individuals and organizations involved in access to justice across the country gathered to present current research, share initiatives, and build a strong foundation of knowledge. The conference was grounded in a people-centred approach to access to justice, shaped in part by the OECD Framework and Good Practice Principles for People-Centred Justice.[1] Within this approach there is a common understanding that if we are to improve access to justice we need to include, and in fact, elevate, the voices of those attempting to access justice, both in terms of their challenges, and their experiences. . . . [more]