Law in Quebec

News about Quebec legal developments

  • Civil liberties organization appeals ruling that does not compel Supreme Court to translate pre-1970 rulings

    A civil liberties organization is appealing a Federal Court decision that held that the Supreme Court of Canada is not required to translate some 6,000 judgments issued between 1877 and 1969.

    In a ruling handed down this summer, Justice Denise LeBlanc held that the nation’s highest court did not breach the federal Official Languages Act (OLA) when it posted on its website its untranslated pre-1970 judgments in their original languages.

    Justice LeBlanc also held in Droits collectifs Québec v. Office of the Registrar of the Supreme Court of Canada, 2026 FC 706 that the statute does not oblige the top court to translate thousands of historical judgments into both official languages because the rulings are neither “services to” nor “communications with” the public within the meaning of the OLA, and are therefore not subject to the translation obligation set out in the general provisions of Part IV of the OLA.

    Since 2021, the civil liberties group Droits collectifs Québec has lodged two successful complaints before Canada’s Commissioner of Official Languages. Raymond Théberge, the then-commissioner, determined their complaints were founded and that the online publishing of the untranslated judgments was a communication with the public by a federal institution under the OLA.

    Théberge summoned the nation’s highest court to translate all of its rulings dating before 1970 to comply with its obligations under The Official Languages Act. But the Court registrar’s office has not entirely paid heed, prompting Droits collectifs Québec to unsuccessfully request a remedy before the Federal Court under OLA s. 77.

    “French speakers need to use tools such as the judgements handed down by the Supreme Court of Canada in their day-to-day lives,” Étienne-Alexis Boucher, the executive director of Droits collectifs Québec, told the French-language newspaper Le Devoir. “So why require these judgements to be translated? It is so that ordinary people, and the community of French-speaking legal professionals, can enjoy the same benefits and have access to the same tools as their English-speaking colleagues in a country that describes itself as bilingual.”

    But Chief Justice Richard Wagner said the court does not intend to translate the more than 6,000 judgments rendered between 1877 and 1970.

    “It’s not bad faith, it’s a question of means, (and) it’s also a question of reasonableness,” he said, noting it would take about a hundred translators 10 years and between $10 million and $20 million to complete the job. “We don’t have that money.”

    Justice Wagner said that translating pre-1970 decisions would be of little utility and would only “please those who are lovers of legal cultural heritage.”

    That stance perplexes Boucher. He told me that there are several judgments, such as Saumur et al. v. Procureur général du Québec and Roncarelli v. Duplessis, that were handed down before 1969 and are still seminal today. Boucher believes that the situation discriminates against French-speaking Canadians and Quebecers whose “right to benefit” from a French translation of pre-1970 SCC rulings is not respected by an institution that should be “exemplary” and respect the rule of law.

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  • The legal challenges raised by AI-powered algorithmic pricing

    Artificial intelligence is reshaping the marketplace in ways most consumers are oblivious to.

    Through AI and algorithms, businesses can now adjust prices in real time based on market conditions and user data, including who you are, where you are, what you browse, and what companies think you are willing to pay. This often happens without the consumers’ knowledge or consent. Some retail apps even change their prices depending on whether you are inside or outside the store.

    Algorithmic pricing has existed since the 1980s, when the airline industry set seat pricing based on supply and demand. However, its usage is rapidly becoming increasingly prevalent with advances in big data, AI, machine learning, real-time analytics, and cloud computing.

    Not surprisingly, businesses are embracing AI-powered algorithmic pricing in a range of sectors, including e-commerce, housing, ride-sharing, travel, and hospitality.

    Proponents maintain that it allows them to react swiftly to market changes, broaden market coverage, improve efficiency, provide a competitive advantage in fast-paced markets through personalized offers, and boost revenue and profits.

    “Generally, pricing algorithms are economically beneficial as they intensify competition, incentivize innovation and increase availability of goods and services,” Liam MacDonald, the director of policy and government relations at the Canadian Chamber of Commerce, said in a recent submission to the Competition Bureau after the federal agency released a discussion paper on algorithmic pricing.

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  • Legal and labour stakeholders alarmed by new proposed labour relations regime

    The Quebec government, under increasing fire for tabling controversial bills that expressly and intentionally rein in countervailing oversight, introduced a contentious legislative proposal that would markedly overhaul the labour relations regime by significantly handcuffing unions’ capacity to defend themselves and intercede in the public sphere, assert labour and legal experts.

    Bill 3, An Act to improve the transparency, governance and democratic process of various associations in the workplace, marks the third time this year that the Quebec government has introduced changes to provincial employment-related statutes, undertakings that have been universally panned by labour and legal experts for infringing core labour rights, including the right to strike and freedom of association.

    “Either, brick by brick, they’re dismantling Quebec’s labour laws, or brick by brick, they’re building new walls around unions to stop them from being effective movements in civil society,” remarked labour law professor Finn Makela.

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  • Quebec Superior Court launches AI pilot project

    Quebec Superior Court has given the green light to a sandboxed pilot project that allows some twenty judges to use artificial intelligence to help them with documentary and legislative research, translations, and draft judgements, but the “avant-garde” endeavour draws the line at decision-making or deliberative undertakings, a conservative approach that has earned plaudits from legal observers.

    “The advent of generative artificial intelligence tools represents a major transformation of the information and documentation landscape,” said Paul-Jean Charest, a spokesperson with Quebec Courts. “The Court deemed it preferable to address this development proactively and in a managed manner, rather than being subjected to it.”

    The initiative, a surprise to even those in the Quebec legal community immersed in all things AI, is the latest effort by courts and tribunals around the world to turn to AI to address chronic problems like increasing case backlogs, rising workloads and a dearth of skilled court employees in the hope it will speed access to justice and improve administrative efficiency.

    “If we weigh up the expected benefits against the risks in any given situation, I think it’s something that should go ahead because artificial intelligence is present in the legal field,” said Elhadji Niang, a Quebec City lawyer with Bouchard+Avocats who specializes in legal and regulatory compliance in information technology. “I am convinced that technology can serve the judiciary, and not the other way around. That being said, as with any approach, it must be supervised,” added Niang, a member of the Quebec Bar’s AI committee and this year’s recipient of the Quebec Bar Medal.

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  • Quebec justice system in crisis

    Quebec’s beleaguered justice system, already reeling under the weight of chronic underfinancing and an acute personnel shortage, is showing “alarming signs” of a gradual paralysis, prompting the province’s main legal players to call on the provincial government to put a halt to belt-tightening measures.

    The Quebec government announced this spring that some 2,000 jobs would be eliminated, and more recently the treasury board has called on ministries to merge entities within their departments, reduce the number of programs and reduce staff. Its bid to clean up its public finances has led to brushes with numerous stakeholders, notably in the education and health sectors, with the controversial passage of Bill 2 being the latest display of rising tensions.

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  • Quebec bolsters secularism rules

    The Quebec government has passed a contentious law that tightens secularism rules, extending the province’s ban on the wearing of religious symbols to support staff in schools, much to the chagrin of human rights advocates who slam the effort as nothing less than an attack on the rights of certain minorities, and in particular certain religious minorities.

    Bill 94, An Act to, in particular, reinforce laicity in the education network and to amend various legislative provisions, goes beyond the ban on religious symbols on teachers, school directors and vice-directors imposed by Quebec’s controversial secularism law, widely known as Bill 21, adopted in 2019. It broadens the interdiction to volunteers and all employees, including lunch and after-school care monitors, cafeteria workers, janitors, administrators, secretaries and others. (more…)

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  • Quebec undermining countervailing powers, contend critics

    No government likes scrutiny, even less so legal challenges against their laws. The Quebec government is no different. But the François Legault government is taking it a step further and preemptively enacting provisions in its new laws or legislative proposals to bar impending legal challenges and constrain countervailing powers.

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  • Divisive constitutional bill draws praise from proponents and scorn from critics

    The Quebec government tabled an extremely broad and contentious bill that will enshrine a provincial constitution and introduce sweeping legislative changes that will dramatically change the provincial legal landscape while curbing countervailing oversight on multiple fronts, according to constitutional law experts.

    Bill 1, introduced without inclusive, cross-partisan consultation or input from civil society and the Aboriginal peoples, is an expansive patchwork of new statutes that would enact the Constitution of Québec, the Act respecting the constitutional autonomy of Québec and a constitutional council. The Québec Constitution Act, 2025 outlines a set of “founding principles,” including secularism, the equality of women and men, the right to abortion, the immigration integration model as opposed to multiculturalism, and French as the only common language of Quebec. As well, it enshrines the right access to medical assistance in dying in Quebec’s Charter.

    Bill 1 also proposes a hierarchy of collective and individual rights, explicitly proposes to make gender equality prevail over the exercise of religious freedom in case of conflict, and bars a large number of organizations that receive public funds to mount legal challenges to laws declared by the government as protecting the “Québec nation,” its constitutional autonomy and “fundamental characteristics.” It also stipulates that a court cannot on its own initiative “seize itself” of any matter over the constitutionality of a rule of law without a formal application from the parties involved.

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  • Legal classification of cryptoassets in securities law re-examined following ruling by Tribunal

    The legal classification of cryptoassets in securities law has been brought into question following a ruling by the Quebec Financial Markets Administrative Tribunal that held that the nature of a crypto and its potential classification as an investment contract may vary depending on the “economic reality” surrounding each transaction, underscoring the need for Canadian and Quebec legislators to modernize the regulatory approach to crypto, according to legal pundits.

    The decision, depicted as a game-changer by legal experts, will hearten so-called “finfluencers” or social media financial influencers as it held that offering subscriptions to private groups on social media to receive buy-sell signals for crypto assets does not constitute an investment contract. The ruling also underlines that in cases that are not ex parte, the applicable burden of proof in cases seeking conservatory measures requires conclusive and preponderant evidence, and not prima facie evidence as Quebec’s financial watchdog maintained.

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  • Quebec Appeal Court rules conditional discharge may be granted in sexual assault cases, if circumstances warrant it

    An aspiring estate agent found guilty of sexually assaulting his ex-partner has had his eight-month imprisonment sentence to be served in the community overturned by the Quebec Court of Appeal after it ruled that a conditional discharge, while a rare measure for sexual assault, may be granted when the circumstances warrant it.

    In a decision that examines the evolving and thorny notion of consent, the principle of proportionality in sentencing and to a lesser extent the concept of “best interests,” the Appeal Court held that the appellant’s lack of understanding of consent does not reduce his legal liability but reduces his moral responsibility, particularly in light of the introspection that followed and the remorse he felt. That is a finding that criminal lawyers will undoubtedly resort to, according to legal pundits.

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  • The legal challenges raised by AI-powered algorithmic pricing

    The days when sellers affixed prices to peddle their wares are waning. Watchdogs are concerned and regulators are caught in a bind.

    Artificial intelligence is reshaping the marketplace in ways most consumers are oblivious to.

    Through AI and algorithms, businesses can now adjust prices in real time based on market conditions and user data, including who you are, where you are, what you browse, and what companies think you are willing to pay. This often happens without the consumers’ knowledge or consent. Some retail apps even change their prices depending on whether you are inside or outside the store.

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  • Provincial court judge exceeded limits of his jurisdiction, rules Quebec Appeal Court

    A controversial decision that ruled that a provision of the French language charter that calls for the “immediate and simultaneous” filing of English rulings into French cannot apply to criminal proceedings in the province was overturned by the Quebec Court of Appeal after concluding that the provincial court judge exceeded the limits of his jurisdiction.

    The ruling, a second clear-cut and related missive over the past year aimed at provincial court judges, reaffirms that Court of Quebec judges may declare a provision of a statute inoperative on constitutional grounds but only in proceedings before them, said legal experts. The Appeal Court also castigated in obiter Court of Quebec Judge Dennis Galiatsatos for “relying on pure hypotheticals and adjudicating with a flawed procedural framework.” But the decision does not delve into substantive issues that may be elicited from the constitutionality of section 10 of the Charter of the French Language (C.F.L), added pundits.

    “The Appeal Court could have been much more scathing of the judge but was careful not to go too far because otherwise it would tarnish the reputation of the judge,” noted Stéphane Beaulac, constitutional law professor at the Université de Montréal, specializing in language law, and of counsel at Dentons Canada in Montreal. “The case was really decided on the basis of the question of jurisdiction. Court of Quebec judges can make declarations, but not formal declarations of a general nature.”

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  • Backing down

    A controversial bill that was intended to overhaul the forest industry was jettisoned by the Quebec government, the second time the provincial government has backed down the past week after weeks of steadfast opposition.

    Bill 97, An Act mainly to modernize the forest regime, was touted as an effort to protect the jobs of forestry workers who are threatened by the tariff war with the U.S. It would have divided the province’s public forest land into three zones: conservation zones (protected from industrial logging), multi-purpose zones (recreational, Indigenous, and mixed-use activities) and forest development zones where the forestry industry is prioritized.

    “Bill 97 provides a streamlined and effective framework for stakeholders, while upholding the importance of sustainable development,” said Maïté Blanchette-Vézina, then Quebec Minister of Natural Resources and Forests.

    But the legislative proposal faced stiff opposition, from the get-go. Environmentalists, labour, hunting and fishing advocates as well as the Assembly of First Nations of Quebec and Labrador (AFNQL) and including the Innu, Atikamekw, and Algonquin First Nations vehemently opposed Bill 97.

    “This is a small victory, but above all, it is only the first step,” said the AFNQL on Facebook. “Now, words must turn into action. The government has the opportunity to co-construct, with all stakeholders, a truly sustainable forestry regime.”

    Bill 97 represented a clear violation of the rights of Indigenous peoples, asserts Karine Millaire, a constitutional and Indigenous law professor at the Université de Montréal. Bill 97 violates the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, which Canada has committed to implementing, says Millaire. The Supreme Court of Canada recently confirmed that UNDRIP “has real legal significance,” notes Millaire.

    The Quebec Environmental Law Centre said that Bill 97 risks causing “significant negative impacts” on biodiversity protection. “Several provisions of this bill are highly problematic, particularly those related to granting priority development zoning for forestry industries. In doing so, the government is compromising its ability to act in the public interest,“ warns executive director Geneviève Paul. ”This bill misses the mark and is a wasted opportunity to adopt forest management reform that would effectively address the serious and growing risks posed by climate change and biodiversity loss.”

    The Quebec Federation of Municipalities too denounced the bill as an effort to curb municipal powers in forest management. “This is a serious blow to municipal intervention powers on the territory, which is particularly incomprehensible,” said the organization in its official submission.

    The Quebec government also backed down from safety regulations that affected pool owners.

    Less than two weeks before the original Sept. 30 deadline, Municipal Affairs Minister Geneviève Guilbault announced that pool owners who have not yet complied with safety regulations requiring controlled access to outdoor pools have been given a one-year reprieve.

    A petition by Comité Citoyens Piscine, a citizen group advocating for pool owners, obtained more than 30,000 signatures in a petition calling for an extension of the regulation. The group denounced the high costs associated with securing a swimming pool, and the lack of clarity over the rules. According to a survey conducted by the group, homeowners who carried out the work without using the rear wall of their house within the pool enclosure spent an average of $10,980.

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  • Labour under the gun, again

    The Quebec government is considering adopting legislation that would allow union members to opt out of contributing financially to union activities that “are not directly related to labour relations,” marking the second time in months the provincial government is trying clamp down on the labour movement.

    Last May the Quebec government assented Bill 89, An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out. The new law gives the Quebec Minister of Labour sweeping new powers to curb and limit strikes or lockouts by broadening the notion of essential services and granting the labour minister the power to refer labour disputes to an arbitrator. Critics have described the new law as a direct frontal attack on the constitutionally protected right to collective bargaining.

    Now the Quebec government is seeking to curb trade unions from mounting legal challenges. Quebec Premier François Legault has denounced the involvement of some unions in legal cases, notably the challenge to Quebec’s secularism law before the Supreme Court of Canada. The Fédération autonome de l’enseignement is a key appellant. “There is a problem, and we want to tackle it,” said Legault recently on the popular French-language television show “Tout le monde en parle.”

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  • Quebec Appeal Court rejects constitutional challenge over kafala

    A constitutional challenge against federal and Quebec regulations that allow Canadian residents to sponsor a child for family reunification only if the child is their biological or adoptive child was rebuffed by the Quebec Court of Appeal in a ruling that underlines the challenges facing Canadian citizens or residents of Muslim faith who want to sponsor a child though kafala, a form of legal guardianship in Muslim law countries.

    The decision, while not surprising, continues to put Canadians of Muslim faith in a bind as it compels them to transgress their religious beliefs to adopt, and is expected to make it more arduous for them to sponsor a child under kafala, according to legal experts. The ruling also confirms that only the Western family model is recognized as valid for starting a family in Canada, maintain some pundits.

    “If you’re a Muslim who respects your faith through kafala, a form of care deeply rooted in Islamic tradition, Canada is closing the door on you,” remarked Awatif Lakhdar, a kafala expert and a Montreal family lawyer with Lavery. “Unfortunately, kafala is not equivalent to full adoption, and the current sponsorship system does not facilitate family reunification for a person who has resorted to kafala.”

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Law in Quebec
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