Case information
Consult our database for details on a Supreme Court of Canada case.
37666
Madelaine Drolet-Savoie v. Tribunal des professions, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-09-21 | Close file on Leave | |
| 2018-09-21 | Certificate of taxation issued to, Jean Lanctot. | |
| 2018-09-21 | Decision on the bill of costs, in the amount of $1,401.15, Reg | |
| 2018-09-21 | Submission of the bill of costs, Reg | |
| 2018-06-22 | Bill of costs, Completed on: 2018-06-22 | Me Jean Lanctot, ès qualités de syndic ad hoc du Barreau du Québec |
| 2017-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-22 | Judgment on leave sent to the parties | |
| 2017-12-21 |
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 500-09-025673-153, 2017 QCCA 842, dated May 25, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-09-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-09-07 | Madelaine Drolet-Savoie |
| 2017-08-30 | Certificate (on limitations to public access), (Letter Form) | Me Jean Lanctot, ès qualités de syndic ad hoc du Barreau du Québec |
| 2017-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-30 | Me Jean Lanctot, ès qualités de syndic ad hoc du Barreau du Québec |
| 2017-07-27 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-07-27) | |
| 2017-07-21 | Certificate (on limitations to public access), (Letter Form) | Madelaine Drolet-Savoie |
| 2017-07-21 | Application for leave to appeal, (Book Form), Amended notice of application for leave to appeal filed on 2017-07-27 (inserted in books)., Completed on: 2017-07-21 | Madelaine Drolet-Savoie |
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
| Name | Role | Status |
|---|---|---|
| Drolet-Savoie, Madelaine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tribunal des professions | Respondent | Active |
| Secrétaire du Conseil de discipline du Barreau du Québec | Respondent | Active |
| Me Jean Lanctot, ès qualités de syndic ad hoc du Barreau du Québec | Respondent | Active |
| Barreau du Québec | Respondent | Active |
Counsel
Party: Drolet-Savoie, Madelaine
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Tribunal des professions
Counsel
1080 Côte du Beaver Hall
Suite 1610
Montréal, Quebec
H2Z 1S8
Telephone: (514) 861-1110 Ext: 226
FAX: (514) 861-1310
Email: jlanctot@lanctotavocats.ca
Party: Secrétaire du Conseil de discipline du Barreau du Québec
Counsel
1080 Côte du Beaver Hall
Suite 1610
Montréal, Quebec
H2Z 1S8
Telephone: (514) 861-1110 Ext: 226
FAX: (514) 861-1310
Email: jlanctot@lanctotavocats.ca
Party: Me Jean Lanctot, ès qualités de syndic ad hoc du Barreau du Québec
Counsel
1080 Côte du Beaver Hall
Suite 1610
Montréal, Quebec
H2Z 1S8
Telephone: (514) 861-1110 Ext: 226
FAX: (514) 861-1310
Email: jlanctot@lanctotavocats.ca
Party: Barreau du Québec
Counsel
1080 Côte du Beaver Hall
Suite 1610
Montréal, Quebec
H2Z 1S8
Telephone: (514) 861-1110 Ext: 226
FAX: (514) 861-1310
Email: jlanctot@lanctotavocats.ca
Summary
Keywords
Canadian Charter of Rights and Freedoms – Freedom of expression –Administrative law – Judicial review – Standard of review – Law of professions – Discipline – Barristers and solicitors – What is the standard of review for a disciplinary condemnation for remarks by a lawyer critical of a court which are neither vehement nor impolite? – What is the role of the lawyer with respect to bringing to the public’s attention perceived flaws in the system of justice or the court? – Is it reasonable to require that critical remarks by lawyers be “constructive” or “effective”?
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.
The applicant, a lawyer and member of the Barreau du Québec, practised particularly in the field of youth protection. In a case relating to a client’s son, the applicant obtained a judgment in the Superior Court setting aside various orders for foster care made by the Court of Québec, Youth Division. The Superior Court’s reasons for judgment were critical of the Court of Québec judge. When questioned about this by a member of the press, the applicant made the following remarks, which were reproduced in an article published in February 2008: [TRANSLATION] “It operates in a vacuum. There are always the same judges, the same counsel for the DYP, the same legal aid lawyers representing the children. The result is that the DYP gets what he wants in the vast majority of cases. It’s not just David against Goliath. It’s David against two or three Goliaths.”
Hearing a disciplinary complaint against the applicant, the disciplinary council of the Barreau du Québec found her guilty of a breach of professional ethics for expressing a [TRANSLATION] “value judgment on the judicial process, whose credibility and integrity she impugned” through her “negative criticism”. It fined her $2,000. The applicant appealed to the Professions Tribunal, which upheld the conviction but, in a separate decision, replaced the penalty with a temporary striking off the roll for 30 days. The applicant then applied to the Superior Court for judicial review of the Professions Tribunal’s decisions.
Lower court rulings
Conseil de Discipline
06-10-02568, 2011 QCCDBQ 081
See file
Tribunal des Professions
2014 QCTP 115, 2017 QCTP 116, 505-07-000051-113, 505-07-000052-111
See file
Superior Court of Quebec
500-17-084555-146
See file
Court of Appeal of Quebec (Montréal)
2015 QCCA 1791, 500-09-025673-153
See file
Court of Appeal of Quebec (Montréal)
2017 QCCA 842, 500-09-025673-153
See file
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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.
Downloadable PDFs
Not available
Related links
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 613-996-8666 or at 1-844-365-9662.
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available