fbpx
Wikipedia

Quebec Court of Appeal

May 02, 2024

The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: la Cour d'appel du Québec) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.

Quebec Court of Appeal
The Court of Appeal of Quebec uses the coat of arms of Quebec as its symbol
45°30′26″N 73°33′15″W / 45.50722°N 73.55417°W / 45.50722; -73.55417
EstablishedMay 30, 1849,
Coordinates45°30′26″N 73°33′15″W / 45.50722°N 73.55417°W / 45.50722; -73.55417

History edit

The court was created on May 30, 1849, as the Court of Queen's Bench (Cour du Banc de la Reine in French) – or Court of King's Bench (Cour du Banc du Roi in French) depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. The court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal.[1]

 
Édifice Ernest-Cormier, the Quebec Court of Appeal building on Notre-Dame Street in Old Montreal.

Jurisdiction edit

Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,000 in dispute to be heard.[2] The Court of Appeal will overrule a lower court decision if it is "incorrect" on a question of law or if a "palpable and overriding error" was made on questions of fact or mixed fact and law.[3] The Court of Appeal almost never hears witnesses, and lawyers' oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the court may hear an appeal within hours or days in an emergency.

Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada in Ottawa, but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal. Notwithstanding this, in very limited circumstances, a decision of the Court of Appeal may be appealed to the Supreme Court of Canada as of right.

The ability of the Supreme Court of Canada, which has six of its nine justices from common law provinces and only three from the civil law province of Quebec, to overrule the Court of Appeal of Quebec has occasionally been raised as a political issue by Quebec nationalists[citation needed], who worry that it erodes Quebec's distinctive legal culture.

Perhaps the most significant decision of the Court of Appeal was Morgentaler v R (1974), in which the Court of Appeal overturned a jury decision acquitting Montreal doctor Henry Morgentaler of performing an abortion, despite Morgentaler publicly admitting that he had done so. This was the first time in Canada that a jury acquittal had been replaced by a conviction, on appeal, rather than a new trial being ordered. The Court of Appeal was overturned by the Supreme Court of Canada in 1975. Subsequently, Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions.

Composition edit

As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the governor-general of Canada on the advice of the prime minister of Canada (in practical terms the advice is always followed). Appointees must be members of the Quebec Bar, but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Superior Court of Quebec. The quorum of the Court of Appeal of Quebec for appeals on the merits is generally three judges, but the court has also sat five judges in exceptional circumstances, and in one recent extremely exceptional case, the court sat seven judges.[4] However, for Applications seeking leave to appeal and most other applications in the course of the proceeding, quorum is composed of only one judge of the Court of Appeal.[5]

Originally, the court had four judges, including the chief justice. It is currently constituted of 22 judges, including the chief Justice.[6] By statute, fifteen of the judges must reside in Montreal, while seven must reside in Quebec City.[6]

Current judges edit

Position Name Appointed Nominated by Position prior to appointment
Chief Justice Manon Savard April 26, 2013

June 11, 2020

Harper

J. Trudeau

Quebec Superior Court
Justice Martin Vauclair December 17, 2013 Harper Quebec Superior Court
Justice Geneviève Marcotte April 10, 2014 Harper Quebec Superior Court
Justice Mark Schrager June 13, 2014 Harper Quebec Superior Court
Justice Marie-Josée Hogue June 19, 2015 Harper Lawyer at McCarthy Tétrault
Justice Patrick Healy October 19, 2016 J. Trudeau Court of Quebec
Justice Simon Ruel June 21, 2017 J. Trudeau Quebec Superior Court
Justice Jocelyn F. Rancourt June 21, 2017 J. Trudeau Quebec Superior Court
Justice Suzanne Gagné November 29, 2017 J. Trudeau Quebec Superior Court
Justice Genevieve Cotnam June 26, 2018 J. Trudeau Court of Quebec
Justice Stephen Hamilton August 29, 2018 J. Trudeau Quebec Superior Court
Justice Stéphane Sansfaçon January 31, 2019 J. Trudeau Quebec Superior Court
Justice Michel Beaupré March 8, 2019 J. Trudeau Quebec Superior Court
Justice Benoit Moore June 22, 2019 J. Trudeau Quebec Superior Court
Justice Guy Cournoyer October 1, 2020 J. Trudeau Quebec Superior Court
Justice Sophie Lavallée October 1, 2020 J. Trudeau Professor of Law, Université Laval
Justice Christine Baudouin November 19, 2020 J. Trudeau Quebec Superior Court
Justice Frédéric Bachand November 19, 2020 J. Trudeau Quebec Superior Court
Justice Peter Kalichman April 27, 2021 J. Trudeau Quebec Superior Court
Justice Lori Renée Weitzman May 31, 2023 J. Trudeau Court of Quebec
Justice Eric Hardy October 10, 2023 J. Trudeau Quebec Superior Court
Justice Judith Harvie December 18, 2023 J. Trudeau Quebec Superior Court

Supernumerary judge

Position Name Appointed Nominated By Position Prior to Appointment
Justice Yves-Marie Morissette* November 7, 2002 Chretien Professor at McGill Law
Justice François Doyon*[7] May 7, 2004 Martin Court of Quebec
Assistant chief prosecutor
Justice Julie Dutil* September 24, 2004 Martin Quebec Superior Court
Justice Marie-France Bich* September 24, 2004 Martin Professor at Universite de Montreal Faculty of Law
Justice Guy Gagnon* September 27, 2009 Harper Court of Quebec
Justice Robert Mainville* July 1, 2014 Harper Federal Court of Appeal

[6]

Former justices edit

Chief Justice of Lower Canada edit

Chief Justice of Canada East edit

Chief Justice of Court of Queen's Bench edit

References edit

  1. ^ "History – Cour d'appel du Québec". Court of Appeal of Quebec. Retrieved 2018-05-26.
  2. ^ Code of Civil Procedure, CQLR, c. C-25.01, s. 30. https://www.canlii.org/en/qc/laws/stat/cqlr-c-c-25.01/latest/cqlr-c-c-25.01.html?autocompleteStr=civil&autocompletePos=3
  3. ^ "Housen v. Nikolaisen - SCC Cases". scc-csc.lexum.com. Retrieved 2024-03-15.
  4. ^ In the matter: Reference to the Court of Appeal of Quebec pertaining to the constitutional validity of the provisions of article 35 of the Code of Civil Procedure which set at less than $85,000 the exclusive monetary jurisdiction of the Court of Québec and to the appellate jurisdiction assigned to the Court of Québec, 2019 QCCA 1492. https://www.canlii.org/en/qc/qcca/doc/2019/2019qcca1492/2019qcca1492.html?autocompleteStr=reference%20cod&autocompletePos=1
  5. ^ Code of Civil Procedure, CQLR, c. C-25.01, ss. 357 & 378. https://www.canlii.org/en/qc/laws/stat/cqlr-c-c-25.01/latest/cqlr-c-c-25.01.html?autocompleteStr=civi&autocompletePos=3
  6. ^ a b c "Composition – Cour d'appel du Québec".
  7. ^ . Archived from the original on 2011-06-13.
  8. ^ a b . Archived from the original on 2003-11-11.

External links edit

  • Official website (in English)

May 02, 2024
quebec, court, appeal, court, appeal, quebec, sometimes, referred, french, cour, appel, québec, highest, judicial, court, quebec, canada, hears, cases, quebec, city, montreal, court, appeal, quebec, uses, coat, arms, quebec, symbol45, 50722, 55417, 50722, 5541. The Court of Appeal of Quebec sometimes referred to as Quebec Court of Appeal or QCA in French la Cour d appel du Quebec is the highest judicial court in Quebec Canada It hears cases in Quebec City and Montreal Quebec Court of AppealThe Court of Appeal of Quebec uses the coat of arms of Quebec as its symbol45 30 26 N 73 33 15 W 45 50722 N 73 55417 W 45 50722 73 55417EstablishedMay 30 1849 Coordinates45 30 26 N 73 33 15 W 45 50722 N 73 55417 W 45 50722 73 55417 Contents 1 History 2 Jurisdiction 3 Composition 4 Current judges 5 Former justices 5 1 Chief Justice of Lower Canada 5 2 Chief Justice of Canada East 5 3 Chief Justice of Court of Queen s Bench 6 References 7 External linksHistory editThe court was created on May 30 1849 as the Court of Queen s Bench Cour du Banc de la Reine in French or Court of King s Bench Cour du Banc du Roi in French depending on the gender of the current monarch serving as head of state first of the United Kingdom then of Canada The court s judges had jurisdiction to try criminal cases until 1920 when it was transferred to the Superior Court In 1974 it was officially renamed the Quebec Court of Appeal 1 nbsp Edifice Ernest Cormier the Quebec Court of Appeal building on Notre Dame Street in Old Montreal Jurisdiction editUnder the Code of Civil Procedure of Quebec and the Criminal Code someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal Final judgments in civil cases are appellable as of right if the amount in dispute is at least 60 000 in dispute to be heard 2 The Court of Appeal will overrule a lower court decision if it is incorrect on a question of law or if a palpable and overriding error was made on questions of fact or mixed fact and law 3 The Court of Appeal almost never hears witnesses and lawyers oral and written submissions are kept to strict maximum lengths A normal case will take several months from filing of an appeal to a decision by the Court of Appeal but the court may hear an appeal within hours or days in an emergency Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada in Ottawa but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal Notwithstanding this in very limited circumstances a decision of the Court of Appeal may be appealed to the Supreme Court of Canada as of right The ability of the Supreme Court of Canada which has six of its nine justices from common law provinces and only three from the civil law province of Quebec to overrule the Court of Appeal of Quebec has occasionally been raised as a political issue by Quebec nationalists citation needed who worry that it erodes Quebec s distinctive legal culture Perhaps the most significant decision of the Court of Appeal was Morgentaler v R 1974 in which the Court of Appeal overturned a jury decision acquitting Montreal doctor Henry Morgentaler of performing an abortion despite Morgentaler publicly admitting that he had done so This was the first time in Canada that a jury acquittal had been replaced by a conviction on appeal rather than a new trial being ordered The Court of Appeal was overturned by the Supreme Court of Canada in 1975 Subsequently Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions Composition editAs a Superior Court under section 96 of the Constitution Act 1867 Court of Appeal judges are appointed by the governor general of Canada on the advice of the prime minister of Canada in practical terms the advice is always followed Appointees must be members of the Quebec Bar but need not have had previous experience as a judge However appointees almost always have some experience as a judge usually on the Superior Court of Quebec The quorum of the Court of Appeal of Quebec for appeals on the merits is generally three judges but the court has also sat five judges in exceptional circumstances and in one recent extremely exceptional case the court sat seven judges 4 However for Applications seeking leave to appeal and most other applications in the course of the proceeding quorum is composed of only one judge of the Court of Appeal 5 Originally the court had four judges including the chief justice It is currently constituted of 22 judges including the chief Justice 6 By statute fifteen of the judges must reside in Montreal while seven must reside in Quebec City 6 Current judges editPosition Name Appointed Nominated by Position prior to appointment Chief Justice Manon Savard April 26 2013 June 11 2020 Harper J Trudeau Quebec Superior Court Justice Martin Vauclair December 17 2013 Harper Quebec Superior Court Justice Genevieve Marcotte April 10 2014 Harper Quebec Superior Court Justice Mark Schrager June 13 2014 Harper Quebec Superior Court Justice Marie Josee Hogue June 19 2015 Harper Lawyer at McCarthy Tetrault Justice Patrick Healy October 19 2016 J Trudeau Court of Quebec Justice Simon Ruel June 21 2017 J Trudeau Quebec Superior Court Justice Jocelyn F Rancourt June 21 2017 J Trudeau Quebec Superior Court Justice Suzanne Gagne November 29 2017 J Trudeau Quebec Superior Court Justice Genevieve Cotnam June 26 2018 J Trudeau Court of Quebec Justice Stephen Hamilton August 29 2018 J Trudeau Quebec Superior Court Justice Stephane Sansfacon January 31 2019 J Trudeau Quebec Superior Court Justice Michel Beaupre March 8 2019 J Trudeau Quebec Superior Court Justice Benoit Moore June 22 2019 J Trudeau Quebec Superior Court Justice Guy Cournoyer October 1 2020 J Trudeau Quebec Superior Court Justice Sophie Lavallee October 1 2020 J Trudeau Professor of Law Universite Laval Justice Christine Baudouin November 19 2020 J Trudeau Quebec Superior Court Justice Frederic Bachand November 19 2020 J Trudeau Quebec Superior Court Justice Peter Kalichman April 27 2021 J Trudeau Quebec Superior Court Justice Lori Renee Weitzman May 31 2023 J Trudeau Court of Quebec Justice Eric Hardy October 10 2023 J Trudeau Quebec Superior Court Justice Judith Harvie December 18 2023 J Trudeau Quebec Superior Court Supernumerary judge Position Name Appointed Nominated By Position Prior to Appointment Justice Yves Marie Morissette November 7 2002 Chretien Professor at McGill Law Justice Francois Doyon 7 May 7 2004 Martin Court of QuebecAssistant chief prosecutor Justice Julie Dutil September 24 2004 Martin Quebec Superior Court Justice Marie France Bich September 24 2004 Martin Professor at Universite de Montreal Faculty of Law Justice Guy Gagnon September 27 2009 Harper Court of Quebec Justice Robert Mainville July 1 2014 Harper Federal Court of Appeal 6 Former justices editJulien Chouinard 1974 September 1979 Claire L Heureux Dube 1979 April 1987 Antonio Lamer 1978 March 1980 Louis LeBel June 1984 January 2000 Morris Fish June 1989 August 2003 Marie Deschamps March 1992 August 2002 Jean Louis Baudouin May 1989 2008 Richard Wagner February 2011 October 2012 Clement Gascon April 10 2012 June 9 2014 Joseph Nuss 8 J Michel Robert 8 Chief Justice of Lower Canada edit William Smith judge born 1728 1791 1793 William Osgoode 1794 1801 John Elmsley 1802 1805 Henry Allcock 1805 1808 Jonathan Sewell 1808 1838 Sir James Stuart 1st Baronet 1838 1841 Chief Justice of Canada East edit Sir James Stuart 1st Baronet 1841 49 Chief Justice of Court of Queen s Bench edit Sir James Stuart 1st Baronet 1849 53References edit History Cour d appel du Quebec Court of Appeal of Quebec Retrieved 2018 05 26 Code of Civil Procedure CQLR c C 25 01 s 30 https www canlii org en qc laws stat cqlr c c 25 01 latest cqlr c c 25 01 html autocompleteStr civil amp autocompletePos 3 Housen v Nikolaisen SCC Cases scc csc lexum com Retrieved 2024 03 15 In the matter Reference to the Court of Appeal of Quebec pertaining to the constitutional validity of the provisions of article 35 of the Code of Civil Procedure which set at less than 85 000 the exclusive monetary jurisdiction of the Court of Quebec and to the appellate jurisdiction assigned to the Court of Quebec 2019 QCCA 1492 https www canlii org en qc qcca doc 2019 2019qcca1492 2019qcca1492 html autocompleteStr reference 20cod amp autocompletePos 1 Code of Civil Procedure CQLR c C 25 01 ss 357 amp 378 https www canlii org en qc laws stat cqlr c c 25 01 latest cqlr c c 25 01 html autocompleteStr civi amp autocompletePos 3 a b c Composition Cour d appel du Quebec Quebec Judicial Appointment Announced Archived from the original on 2011 06 13 a b Quebec Judicial Appointments Announced Archived from the original on 2003 11 11 External links edit nbsp Canada portal nbsp Law portal Official website in English Retrieved from https en wikipedia org w index php title Quebec Court of Appeal amp oldid 1213825643, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.