Case information

Civil procedure — Motion to dismiss — Action unfounded in law — Judicial discretion — Action seeking to have several legislative and regulatory enactments declared unconstitutional — Action dismissed — Whether division judge commits abuse of discretion if judge dismisses action seeking to have legislation or regulations declared unconstitutional even though originating application raises questions of law not resolved in complete, certain and final manner on basis of stare decisis — Code of Civil Procedure, CQLR, c. C-25.01, art. 168(2).

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 applicants, Mr. Dostie and Justice pour les prisonniers d’octobre 70, brought an action in 2020 in which they sought several declaratory conclusions regarding acts committed toward persons, including Mr. Dostie, who had been imprisoned without warrant and without charge in 1970, as well as declarations that several legislative and regulatory enactments from the same period were null or invalid. The legislative enactments and statutory instruments in question had not been in force or applicable for more than 50 years. The respondent, the Attorney General of Canada, applied for the dismissal of the action under art. 168(2) of the Code of Civil Procedure. The Quebec Superior Court allowed the application and dismissed the action at the application to dismiss stage. The Quebec Court of Appeal dismissed the appeal.