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36165

Conférence des juges de paix magistrats du Québec, et al. v. Attorney General of Quebec, et al.

(Quebec) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2017-05-16 Appeal closed
2017-05-16 Correspondence (sent by the Court) to, the appellants. Cover letter regarding certificate of taxation signed May 16, 2017.
2017-05-16 Certificate of taxation issued to, Mr. Raymond Doray
2017-05-16 Decision on the bill of costs, in the amount of $39,505.39, Reg
2017-05-16 Submission of the bill of costs, Reg
2017-04-12 Bill of costs, Completed on: 2017-04-12 Conférence des juges de paix magistrats du Québec
2016-10-17 Formal judgment sent to the registrar of the court of appeal and all parties
2016-10-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-10-14 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022600-126, 2014 QCCA 1654, dated September 11, 2014, heard on January 18, 2016, is allowed in part, with costs in favour of the appellants. The constitutional questions are answered as follows:

1. Do ss. 27, 30 and 32 of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: Sections 27, 30 and 32 of the Act violate the principle of judicial independence.

2. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: No.

3. Does s. 178 of the Courts of Justice Act, CQLR, c. T-16, as amended by the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: No.

4. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is unnecessary to answer this question.

5. Does the Décret 932-2008, (2008) 140 G.O. 2, 5681, concerning the pay and other working conditions of presiding justices of the peace, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: No.

6. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is unnecessary to answer this question.

Allowed in part, with costs
2016-02-01 Transcript received, 118 pages.
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Attorney General of Ontario
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Attorney General of Canada
2016-01-18 Respondent's condensed book, (Book Form), Filed at the hearing. Attorney General of Quebec
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Association of Justices of the Peace of Ontario
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Conférence des juges de la Cour du Québec
2016-01-18 Judgment reserved OR rendered with reasons to follow
2016-01-18 Hearing of the appeal, 2016-01-18, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-01-15 Correspondence (sent by the Court) to, Counsel sheet faxed to every parties.
2016-01-15 Notice of appearance, J. Thomas Curry and Paul-Erik Veel will be appearing for the Intervener, Association of Justices of the Peace of Ontario. Mr. Curry will present oral argument. Association of Justices of the Peace of Ontario
2016-01-14 Correspondence received from, 2 reseved seats. Attorney General of Quebec
2016-01-12 Order by, (JUSTICE GASCON), Ga, FURTHER TO THE ORDER dated November 25, 2015, granting leave to intervene to the Conférence des juges de la Cour du Québec and the Association of Justices of the Peace of Ontario;
IT IS HEREBY ORDERED THAT:
1. The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
2. The Attorney General of Canada and the Attorney General of Ontario are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-01-05 Correspondence received from, Attorney General of Quebec will not submit a reply to the Intervener's factum. Attorney General of Quebec
2016-01-05 Notice of appearance, Joël Mercier and Christine Baudouin for the intervener, Conférence ds juges de la cour du Québec will be at the hearing. Mr. Mercier will make the oral arguments. Conférence des juges de la Cour du Québec
2016-01-05 Intervener's book of authorities, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-04) Association of Justices of the Peace of Ontario
2016-01-05 Intervener's factum, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-04) Association of Justices of the Peace of Ontario
2016-01-05 Correspondence received from, 2 reserved seat. Attorney General of Canada
2016-01-05 Notice of appearance, François Joyal and Catherine Lawrence for the Attorney General of Canada will be present at the hearing. Mr. Joyal will make the oral arguments. Attorney General of Canada
2016-01-05 Appeal perfected for hearing
2016-01-04 Intervener's book of authorities, (Book Form), (3 volumes), Proof of service missing. Received 2016-01-05., Completed on: 2016-01-04, (Electronic version filed on 2016-01-04) Attorney General of Ontario
2016-01-04 Intervener's factum, (Book Form), Proof of service missing. Received 2016-01-05., Completed on: 2016-01-04, (Electronic version filed on 2016-01-04) Attorney General of Ontario
2016-01-04 Notice of appearance, Sarah T. Kraicer and Josh Hunter will appear at the hearing on behalf of the Intervener, Attorney General of Ontario. Ms. Kraicer will present the oral arguments. Attorney General of Ontario
2015-12-29 Intervener's book of authorities, (Book Form), Completed on: 2015-12-29, (Electronic version filed on 2015-12-29) Conférence des juges de la Cour du Québec
2015-12-29 Intervener's factum, (Book Form), Completed on: 2015-12-29, (Electronic version filed on 2015-12-29) Conférence des juges de la Cour du Québec
2015-12-23 Intervener's factum, (Book Form), Proof of service missing. Received 2015-12-30., Completed on: 2015-12-23, (Electronic version filed on 2015-12-30) Attorney General of Canada
2015-12-23 Intervener's book of authorities, (Book Form), (2 volumes), Proof of service missing. Received 2015-12-30., Completed on: 2015-12-23, (Electronic version filed on 2015-12-30) Attorney General of Canada
2015-12-22 Notice of appearance, Raymond Doray and Loïc Berdnikoff will be present at the hearing. Mr. Doray will do the oral presentations. Conférence des juges de paix magistrats du Québec
2015-12-22 Notice of appearance, Sébastien Rochette, Brigitte Bussières and France Bonsaint will be present at the hearing. Mr. Rochette will do the oral presentations. Attorney General of Quebec
2015-12-11 Notice of change of counsel, Tom Curry from Lenczner Slaght replaces James Morton of Morton Karass LLP Association of Justices of the Peace of Ontario
2015-12-10 Certificate of counsel (attesting to record) Attorney General of Quebec
2015-12-08 Correspondence received from, Pierre Landry dated 2015-12-08. Re: Two pages were changed in the factum Attorney General of Quebec
2015-12-08 Respondent's book of authorities, Completed on: 2015-12-08 Attorney General of Quebec
2015-12-08 Respondent's record, Completed on: 2015-12-08 Attorney General of Quebec
2015-12-08 Respondent's factum, Completed on: 2015-12-10 Attorney General of Quebec
2015-11-27 Notice of hearing sent to parties
2015-11-26 Appeal hearing scheduled, 2016-01-18
Judgment reserved
2015-11-25 Order on motion for leave to intervene
2015-11-25 Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Conférence des juges de la Cour du Québec and the Association of Justices of the Peace of Ontario, for leave to intervene in the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before January 4, 2016.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
The appellants and the respondents are permitted to each serve and file a single factum not exceeding five (5) pages in reply to these interventions on or before January 11, 2016.
Granted
2015-11-25 Submission of motion for leave to intervene, Ga
2015-11-17 Response to the motion for leave to intervene, Completed on: 2015-11-18 Attorney General of Quebec
2015-11-10 Motion for leave to intervene, (Book Form), Completed on: 2015-11-10, (Electronic version filed on 2015-11-10) Association of Justices of the Peace of Ontario
2015-11-04 Motion for leave to intervene, Completed on: 2015-11-04 Conférence des juges de la Cour du Québec
2015-10-23 Correspondence received from, François Joyal by fax, re: counsel representing the Attorney General of Canada Attorney General of Canada
2015-10-20 Certificate of counsel (attesting to record), (Letter Form), (Electronic version due on 2015-10-27) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's record, (Book Form), (9 volumes), Completed on: 2015-10-20, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's book of authorities, (Book Form), (6 volumes), Completed on: 2015-10-20, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's factum, (Book Form), Original service rec'd 2015-10-30, Completed on: 2015-10-22, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-09-24 Notice of intervention respecting a constitutional question, (Printed version filed on 2015-09-25) Attorney General of Canada
2015-09-22 Notice of intervention respecting a constitutional question Attorney General of Ontario
2015-09-10 Notice of constitutional question(s), All Attorneys General served on September 9, 2015 Conférence des juges de paix magistrats du Québec
2015-08-18 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2015-08-18 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Do ss. 27, 30 and 32 of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
2. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
3. Does s. 178 of the Courts of Justice Act, CQLR, c. T-16, as amended by the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
4. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
5. Does the Order No. 932-2008, (2008) 140 G.O. II, 5681, concerning the pay and other working conditions of presiding justices of the peace violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
6. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondents the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. The appellants’ record, factum and book of authorities shall be served and filed on or before October 20, 2015.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 10, 2015.
3. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before November 17, 2015.
4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before November 20, 2015.
5. The respondents’ record, factum and book of authorities shall be served and filed on or before December 8, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 4, 2016.
7. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 4, 2016.
Granted
2015-08-18 Submission of motion to state a constitutional question, CJ
2015-08-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-07-02 Response to the motion to state a constitutional question, (Book Form), Completed on: 2015-07-02, (Electronic version filed on 2015-07-02) Attorney General of Quebec
2015-06-22 Motion to state a constitutional question, (Book Form), Proof of service missing. Received 2015-07-03., Completed on: 2015-07-10, (Electronic version filed on 2015-06-22) Conférence des juges de paix magistrats du Québec
2015-06-22 Notice of appeal, (Letter Form), Proof of service missing. Received 2015-07-03., Completed on: 2015-07-17, (Electronic version filed on 2015-06-22) Conférence des juges de paix magistrats du Québec
2015-06-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-06-05 Judgment on leave sent to the parties
2015-06-04 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022600-126, 2014 QCCA 1654, dated September 11, 2014, is granted with costs.
Granted, with costs
2015-03-09 All materials on application for leave submitted to the Judges, Abe Ka Côt
2014-12-18 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-12-18 Conférence des juges de paix magistrats du Québec
2014-12-09 Certificate (on limitations to public access) Attorney General of Quebec
2014-12-09 Respondent's response on the application for leave to appeal, Completed on: 2014-12-09 Attorney General of Quebec
2014-11-14 Notice of name Conférence des juges de paix magistrats du Québec
2014-11-12 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-11-12
2014-11-10 Certificate (on limitations to public access) Conférence des juges de paix magistrats du Québec
2014-11-10 Application for leave to appeal, (5 volumes), Completed on: 2014-11-10 Conférence des juges de paix magistrats du Québec

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Conférence des juges de paix magistrats du Québec Appellant Active
Christine Auger, Jacques Barbès, Réjean Bédard, Dominique Benoît, Georges Benoît, Michel Boissonneault, Suzanne Bousquet, Sylvie Desmeules, Julie Dionne, Marie-Chantal Doucet, Louis Duguay, Gaby Dumas, Nathalie Duperron Roy, Réna Émond, Pierre Fortin Appellant Active
Louise Gallant, Marie-Josée Hénault, François Kouri, Jean-Georges Laliberté, Robert Lanctôt, Luc Marchildon, Sylvie Marcotte, Nicole Martin, Danielle Michaud, Gilles Michaud, Lucie Morissette, Monique Perron, Jean-Gilles Racicot Appellant Active
Gaétan Ratté, Marc Renaud, Rosaire Vallières, Pierre Verrette, Johanne White, Gilles Pigeon, Léopold Goulet, Yannick Couture, Marie-Claude Bélanger, Patricia Compagnone Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active
Minister of Justice of Quebec Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Conférence des juges de la Cour du Québec Intervener Active
Association of Justices of the Peace of Ontario Intervener Active

Counsel

Party: Conférence des juges de paix magistrats du Québec

Counsel
Raymond Doray
Loïc Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783

Party: Christine Auger, Jacques Barbès, Réjean Bédard, Dominique Benoît, Georges Benoît, Michel Boissonneault, Suzanne Bousquet, Sylvie Desmeules, Julie Dionne, Marie-Chantal Doucet, Louis Duguay, Gaby Dumas, Nathalie Duperron Roy, Réna Émond, Pierre Fortin

Counsel
Raymond Doray
Loïc Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783

Party: Louise Gallant, Marie-Josée Hénault, François Kouri, Jean-Georges Laliberté, Robert Lanctôt, Luc Marchildon, Sylvie Marcotte, Nicole Martin, Danielle Michaud, Gilles Michaud, Lucie Morissette, Monique Perron, Jean-Gilles Racicot

Counsel
Raymond Doray
Loïc Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783

Party: Gaétan Ratté, Marc Renaud, Rosaire Vallières, Pierre Verrette, Johanne White, Gilles Pigeon, Léopold Goulet, Yannick Couture, Marie-Claude Bélanger, Patricia Compagnone

Counsel
Raymond Doray
Loïc Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783

Party: Attorney General of Quebec

Counsel
France Bonsaint
Sébastien Rochette
Brigitte Bussières
Procureur général du Québec
300, boulevard Jean-Lesage
Bureau 1.03
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42070
FAX: (418) 646-1656
Email: france.bonsaint@justice.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Minister of Justice of Quebec

Counsel
Brigitte Bussières
Sébastien Rochette
Brigitte Bussières
Procureur général du Québec
1200, route de l'Église, 2e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: brigitte.bussieres@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Conférence des juges de la Cour du Québec

Counsel
Joel Mercier
Christine Baudouin
Casavant Mercier avocats, s.e.n.c.
Bureau 2810
500, Place d'Armes
Montréal, Quebec
H2Y 2W2
Telephone: (514) 987-9711
FAX: (514) 987-9717
Email: jmercier@casavantmercier.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Attorney General of Ontario

Counsel
Sarah Kraicer
Josh Hunter
Attorney General of Ontario
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2518
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Canada

Counsel
François Joyal
Catherine Lawrence
Procureur général du Canada
Complexe Guy-Favreau
200, boul. René-Lévesque Ouest, Pièce 1202-23
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4934
FAX: (514) 496-7876
Email: francois.joyal@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Association of Justices of the Peace of Ontario

Counsel
J. Thomas Curry
Paul-Erik Veel
Lenczner Slaght Royce Smith Griffin LLP
Suite 2600
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3096
FAX: (416) 865-9010
Email: tcurry@litigate.com
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Constitutional law - Judicial independence - Remuneration and employment benefits - Provincial statute creating new categories of justices of peace in Quebec - Presiding justices of peace challenging constitutionality of legislative provisions dealing with their remuneration, employment conditions and pension plan - Whether ss. 27, 30 and 32 of Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace are contrary to principle of judicial independence guaranteed by Constitution Act, 1867 or s. 11(d) of Canadian Charter of Rights and Freedoms - If so, in case of s. 11(d) of Canadian Charter of Rights and Freedoms, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Charter - Whether s. 178 of Courts of Justice Act, CQLR, c. T 16, as amended by Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, is contrary to principle of judicial independence guaranteed by Constitution Act, 1867 or s. 11(d) of Canadian Charter of Rights and Freedoms - If so, in case of s. 11(d) of Canadian Charter of Rights and Freedoms, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Charter - Whether Order No. 932 2008, (2008) 140 G.O. II, 5681, concerning salary and other employment conditions of presiding justices of peace, is contrary to principle of judicial independence guaranteed by Constitution Act, 1867 or s. 11(d) of Canadian Charter of Rights and Freedoms - If so, in case of s. 11(d) of Canadian Charter of Rights and Freedoms, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Charter - An Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, ss. 27, 30 and 32 - Courts of Justice Act, C.Q.L.R. c. T-16, s. 178.

The Conférence des juges de paix magistrats du Québec and several presiding justices of the peace (“PJPs”) filed a motion to strike down provisions of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace (“amending Act”) and the Courts of Justice Act (“CJA”) on the ground that the scheme established by the impugned provisions did not guarantee judicial independence. The appellants’ motion also challenged the constitutionality of Order No. 932-2008.

The litigation arose out of amendments made to the Courts of Justice Act in 2004 concerning justices of the peace. The amendments became necessary as a result of judgments of the Supreme Court of Canada and the Quebec Court of Appeal suggesting that the system then in place in Quebec did not guarantee the independence of justices of the peace. The effect of the reform undertaken in 2004 was to replace the former categories of justices of the peace with two new categories, including PJPs, who formed part of the judicial system. The Act gave PJP status to certain justices of the peace who had formerly been justices of the peace with extended powers (“JPEPs”). They retained the salary they were receiving before the coming into force of the Act until it was equal to the salary to be determined by the government for subsequently appointed PJPs. An order was then made specifying the annual remuneration of PJPs appointed after the coming into force of the Act. Their annual remuneration was about $20,000 less than that of their colleagues. The Act also provided that a committee on the remuneration of judges (“CRJ”) would not determine the salary and benefits of all PJPs until three years later, in 2007. In addition to these changes, the Courts of Justice Act was amended to make the pension plan established by the Act respecting the Pension Plan of Management Personnel applicable to PJPs.

Lower court rulings

March 16, 2012
Superior Court of Quebec

500-17-046760-081

Applicants’ amended motion to institute proceedings dismissed; declarations made upholding constitutionality of ss. 27, 30 and 32 of Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, s. 178 of Courts of Justice Act and Order No. 932-2008.

September 11, 2014
Court of Appeal of Quebec (Montréal)

500-09-022600-126

Appeal dismissed.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-05-13