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Topic: Quebec Court of Appeals

	Same-sex marriage in Quebec - Wikipedia, the free encyclopedia
		On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding Hendricks and Leboeuf v.
		The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal.
		Unlike most other provinces where same-sex marriage is legal, virtually every poll in Quebec has shown that a substantial majority of the population is in support of same-sex marriage (by far the greatest proportion in North America and one of the most supportive in the world).
	en.wikipedia.org /wiki/Same-sex_marriage_in_Quebec (215 words)

	Quebec Court of Appeal - Wikipedia, the free encyclopedia
		As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada (in practical terms, the Prime Minister of Canada).
		Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada, which is located in the federal capital of Ottawa, Ontario.
		Courts of Appeal of the Provinces and Territories:
	en.wikipedia.org /wiki/Quebec_Court_of_Appeal (516 words)

	[Alternatives] : Avoiding a split in the women's movement
		On January 27, 2004, the Quebec Court of Appeals unanimously ruled that the federal government was violating its constitutional role by providing maternity and parental leave as part of Employment Insurance.
		The court ruled that employment insurance exists only to replace wages for people who lose their jobs for economic reasons, "not for the interruption of employment for reasons related to personal conditions." Their view is that social programs like parental leave belong in the provincial jurisdiction.
		By putting equal pressure on the federal government to negotiate a turn over of funds to Quebec for their program at the same time as lobbying for an appeal of the court decision, women’s groups and unions are demonstrating a solidarity with Quebec.
	www.alternatives.ca /article1154.html (813 words)

	Court Upholds Trudeau On Revising the Charter - New York Times
		In the last of three judicial challenges, the Quebec Court of Appeals today ruled, 4 to 1, that an attempt by the federal Government to effect constitutional change without the general consent of the provinces was legal.
		A court in Newfoundland has ruled the other way, and the three decisions are being appealed to the Supreme Court by the parties in the dispute.
		The principal complainant in the Quebec court was the Quebec government headed by Premier Rene Levesque, which had the backing of British Columbia, Alberta, Manitoba, Prince Edward Island and Newfoundland.
	query.nytimes.com /gst/fullpage.html?res=9507E5D91E39F935A25757C0A967948260 (143 words)

	The Court System
		Québec’s court system is made up of various courts and the jurisdiction of each court is determined by law on the basis of a number of factors, including the nature of the case, geographical location and the amount in dispute.
		Decisions by courts or bodies in Québec, except Court of Appeal decisions, are subject to the superintending and reforming power of the Superior Court, with some exceptions.
		As is the case for the Court of Appeal, the Superior Court is competent to hear appeals of decisions under the Criminal Code made by a judge of the Youth Division, the Criminal and Penal Division or a municipal court, or by a justice of the peace.
	www.justice.gouv.qc.ca /english/publications/generale/systeme-a.htm (1637 words)

	Québec Court of Appeal
		The Court of Appeal is the general appeal court for Québec and as such, is the highest court in Québec.
		In civil matters, the Court hears appeals from final judgments of the Superior Court and the Court of Québec where the amount in dispute is $50,000 or more.
		In criminal matters, the Court of Appeal hears appeals from verdicts of guilt or acquittal and sentencing appeals.
	www.justice.gouv.qc.ca /english/tribunaux/appel-a.htm (203 words)

	Court Structure (Site not responding. Last check: 2007-10-13)
		The appeal from the Civil Division goes to the Court of Appeal.
		At the Appeal division, cases are heard by a panel of 3 judges.
		Appeals from these exist (must check the specific law to see if an appeal is allowed).
	members.tripod.com /le_web/court_structure.txt (402 words)

	Supreme Court rules kirpans okay in school (Site not responding. Last check: 2007-10-13)
		The top court overturned Thursday morning a Quebec Court of Appeals ruling that had barred the kirpan from schools in the province.
		The Quebec court had said a limit on religious freedom was reasonable, given the safety concerns from carrying the daggers to school.
		The 2004 ruling from the Quebec appeal court, however, dismissed any possibility of a compromise in that province.
	www.sikhsangat.org /publish/printer_867.shtml (434 words)

	rabble columns
		Quebec hopes it will soon be able to implement the most generous parental-leave program in the country after it emerged victorious yesterday from a bitter court battle with the federal government over who has the right to offer such benefits.
		This court case was launched by the Parti Quebecois government when it was trying to introduce a more generous parental leave program — which would include self-employed and part-time workers — and was seeking its share of the federal money.
		By putting equal pressure on the federal government to negotiate a turnover of funds to Quebec for their program at the same time as lobbying for an appeal of the court decision, women's groups and unions are demonstrating a solidarity with Quebec.
	www.rabble.ca /columnists_full.shtml?x=30744 (760 words)

	Christian Coalition International (Canada) Inc.
		Quebec is not opposed to same-sex marriages but wants to preserve civil unions in that province as well as its rights over marriage licences and registries, a provincial official said.
		It is the third Canadian province in which courts have ruled the federal ban on gay marriage is unconstitutional.
		While B.C. and Quebec were on the court's file yesterday, it could take several more days to process other requests to intervene in the case, a court official said.
	www.ccicinc.org /nation/090303.html (690 words)

	Boston.com / News / Local / Mass. / Quebec appeals court ruling paves way for gay marriages (Site not responding. Last check: 2007-10-13)
		The Quebec Court of Appeal upheld a lower-court ruling that the traditional definition of marriage is discriminatory and unjustified.
		The Quebec court case pitted some religious groups against Michael Hendricks and Rene Leboeuf, who want to marry after being together for 30 years.
		The religious groups were appealing a September 2002 ruling by Justice Louise Lemelin of Quebec Superior Court.
	www.boston.com /news/local/massachusetts/articles/2004/03/19/quebec_appeals_court_ruling_paves_way_for_gay_marriages_1079717755?mode=PF (221 words)

	Legal Aspects (Site not responding. Last check: 2007-10-13)
		The polygraph examination and there results are not admissible in Canadian Criminal Court because judges consider that these results are the opinion of the polygraphist and it is not receivable into evidence.
		The opinion of the polygraph examiner is also receivable into evidence because he is not giving an opinion as to the credibility of the witness.
		In the Quebec Superior Court case of <>, Judge Bergeron goes even further when, in is judgement, he states that one must take into consideration the refusal of a person to take a polygraph examination.
	www.total.net /~galcar/html/legal_aspects.html (341 words)

	CTV.ca \| Quebec high court affirms gays' right to marry
		In its ruling, the province's Court of Appeal upheld a lower-court decision in favour of Rene Leboeuf and Michael Hendricks' right to marry.
		In its decision, the Quebec court echoed previous judgments in Ontario and British Columbia.
		Courts in those provinces have already ruled that the traditional definition of marriage -- being the union of a man and a woman -- violates the Charter.
	ctv.ca /servlet/ArticleNews/story/CTVNews/1079712937513_1/?... (571 words)

	Epochtimes English Edition :: Canada’s Supreme Court Dismisses Attempt to Halt Falun Gong Lawsuit
		The court dismissed the newspaper’s attempts to stop a lawsuit Falun Gong practitioners filed after the paper violated a court order to stop publishing hate literature about the meditation and exercise practice.
		The contempt of court case was dismissed and Falun Gong practitioners began to wonder if they were going to have to endure the same hate and slander they suffer in China.
		However, on Jun 30, 2003, the Québec Court of Appeals overturned the decision and found that the contempt of court charges had sufficient merit to continue.
	www.theepochtimes.com /news/4-1-15/18392.html (636 words)

	injusticebusters 2003 > > Wilbert Coffin: Innocent hanged?
		Over the course of the appeals and later, many came to believe the Quebec woodsman was the innocent victim of a gross miscarriage of justice, caused by an incompetent defence and a corrupt Duplessis government anxious to allay fears that the murders would destroy the lucrative American tourist trade.
		In Quebec, the case is also seen as "a shameful part" of the legacy of former Quebec premier Maurice Duplessis, Patterson said from her home in the village of Barachois.
		Both the Quebec Court of Appeals and the Supreme Court of Canada reject his appeals and Coffin is hanged at Montreal's Bordeaux prison on February 10, 1956.
	injusticebusters.com /2003/Coffin_Wilbert.htm (2455 words)

	Lawyers in Quebec City - Business law, litigation, tort and real estate
		According to a judgment of the Quebec Court of appeals, the seller of an immovable property may be obliged to retake his property and pay damages to his buyer if he hides the existence of a servitude to him until the signing of the deed of sale.
		First, the court mentioned that the Act's objective is to allow an honest, but unlucky person to rehabilitate himself or herself and rejoin the economic circle, but that a person may not simply use the Act's provisions as a means of getting rid of his or her obligations.
		This judgment was confirmed by the Quebec Court of appeal, which mentioned that the power to annul assignments in bankruptcy must be exercised prudently and in exceptional circumstances and that the courts should prevent unscrupulous persons from abusing the Bankruptcy and Insolvency Act in trying to simply get rid of their obligations.
	www.beaulieunormandeau.com /binders31-40.htm (4864 words)

	Couple celebrates as Quebec appeals court ruling paves way for gay marriages (Site not responding. Last check: 2007-10-13)
		Marc Bellemare, Quebec's justice minister and attorney general, said after the decision that same-sex couples will be able to wed in the province but that religious officials can't be forced into overseeing the ceremonies.
		The five appeals court justices unanimously dismissed an appeal by two religious groups of a Quebec Superior Court ruling that said restricting marriage to a union between a man and a woman was unjustified under the Charter of Rights and Freedoms.
		Irving said the appeal was dismissed because the religious groups had no legal standing after the federal government withdrew from the case.
	www.canada.com /national/features/samesexmarriage/story.html?id=e6936514-6350-4fe5-8969-7cf7505fdb6f (732 words)

	Advocate for July/August, 2005
		Quebec's status as a distinct minority in the ways of margarine could soon be coming to an end.
		Quebec's ban on the use of yellow colouring in its margarine has long been a thorn in the side of Canada's vegetable oil industry.
		In recent years, both the Quebec Superior Court and the Quebec Court of Appeals supported the province's right to regulate the colour of margarine sold in its borders.
	www.quebecfarmers.org /en/advocate/archives/2005/07.html (4185 words)

	Lawyer in Quebec City - Business law, litigation, tort and real estate
		A Quebec Superior court judgment is to the effect that although it may be frustrating to be implicated in litigation, it is important that in the course of judiciary proceedings a person bring particular attention to his or her words and actions.
		Subsequently, according to the court testimony of the representative of a shelter taking care of women in difficulty and for whom the director did charitable work, the engineer called her to tell her that the director was a manipulative go-getter who detested women and who did everything to please her boss.
		First, the court pondered the question as to the existence of a legal distinction between a "boomerang" clause and a "shotgun" clause in contracts of sale and acquisition of shares in the capital stock of a company between co-shareholders and concluded there was none, since these expressions are interchangeable.
	www.beaulieunormandeau.com /binders21-40.htm (6366 words)

	Future Wins a Legal Round - 12/18/2000 - Electronic News
		The court, however, ruled that the documents should not be returned for at least 30 days, giving the government time to appeal to the Supreme Court of Canada.
		In this case, the court claimed the applicant did not have reasonable grounds because he simply based his request on third-hand information from Jim Kendall, the Dallas-based FBI agent who is leading the investigation.
		The court claimed that simple assurances from Kendall were not sufficient to attest to the accuracy of the informants' statements and therefore could not support issuance of a search warrant.
	www.reed-electronics.com /electronicnews/article/CA56278?pubdate=12/18/2000 (1277 words)

	Éducaloi - Côtécour - Court of Quebec - Civil Division
		The Court of Quebec is very important because it is here that many cases are heard by a judge for the first time.
		The Court of Quebec is divided into three Divisions: the Civil Division, the Criminal Division, and the Youth Division.
		The jurisdiction of the Court of Quebec (the kinds of cases that the court can hear) mainly depends on the amount of money in dispute.
	www.educaloi.qc.ca /en/cotecour/court_quebec/civil_division (295 words)

	Nunatsiaq News
		Quebec Appeals Court tacks on an extra year in jail for repeat offender Johnny Mark, who is also facing new criminal charges
		The Quebec Appeals Court recently overturned a lower court's lenient sentencing decision, one which would have precluded prison time in the South.
		But Crown Prosector Nancy McKenna appealed the sentence, and last week in Quebec City, the Appeal Court agreed with her: Mark's original sentence was not severe enough, the higher court ruled.
	www.nunatsiaq.com /archives/nunavik981120/nun80403_01.html (322 words)

	Supreme Court Rules In Favour Of Kirpans - The Weekly Voice - Canada's Leading South Asian Newspaper
		This overturns a Quebec Court of Appeals decision that had barred teenager Gurbaj Singh Multani from wearing the dagger, known as a kirpan, to class.
		However, the court did leave room for some restrictions to be imposed on the carrying of kirpans in the name of public safety.
		Gurbaj Singh's family then took the case to court, and in May 2002, the Quebec Superior Court ruled the boy could wear his kirpan to school, but only if it was wrapped in a cloth and hidden inside a wooden case underneath clothing.
	www.weeklyvoice.com /site/index.php?option=com_content&task=view&id=648&Itemid=66 (734 words)

	Epochtimes English Edition :: Falun Gong Anti-Defamation Case vs. Quebec Chinese Language Newspaper Gains Ground
		The contempt of court case was dismissed leaving Falun Gong practitioners to wonder if they were going to have to relive the hate and slander they suffered in China.
		However, after many legal battles, appeals and challenges, on Jun 30, 2003 The Quebec Court of Appeals overturned the decision and found that the contempt of court charges had sufficient merit to continue.
		On Thursday December 11, 2003, the Supreme Court of Canada dismissed the final application for leave to appeal by Les Presses Chinoises and cleared the way for Falun Gong practitioners to pursue its “contempt of court” charges against the newspaper.
	www.theepochtimes.com /news/4-1-4/17936.html (945 words)

	Sikh dagger ruling approved by religious groups
		The March 2 decision strikes down a Montreal school board's ban on kirpans, and a Quebec Court of Appeals ruling that had banned them from schools in the province.
		The Quebec court had said a limit on religious freedom was reasonable, given the safety concerns.
		Charron was vehement in her rejection of a contention by school board lawyers that the kirpan is emblematic of violence, calling that view "disrespectful to believers in the Sikh religion." The Supreme Court judgment is confined to school situations and does not apply to other areas.
	www.canadianchristianity.com /cgi-bin/bc.cgi?bc/bccn/0406/02sikh (601 words)

	Charter Health Fund (via CobWeb/3.1 planetlab2.cs.virginia.edu) (Site not responding. Last check: 2007-10-13)
		The Court concluded that there were serious problems with the healthcare system in Quebec, that waiting lists were too long and that the health and lives of patients were prejudiced.
		This decision was upheld by the Quebec Appeals Court.
		The appeal is scheduled to be heard before the Supreme Court of Canada on June 8th 2004.
	www.charterhealth.ca.cob-web.org:8888 /appeal.html (504 words)

	[No title]
		Dan Glickman, Secretary, U.S. Department of Agriculture, et al., Appellants Appeal from the United States District Court for the District of Columbia (98cv01510) James C. Kilbourne, Attorney, U.S. Department of Justice, argued the cause for appellants.
		In this appeal from the district court's order enjoining the Depart- ment of Agriculture from violating the statute, the question is whether the Migratory Bird Treaty Act prohibits federal agencies from killing or taking migratory birds without a permit from the Interior Department.
		By 1903 the Court had determined that the "acts of all of [an agency's officers] must be justified by some law, and in case an official violates the law to the injury of an individual the courts generally have jurisdiction to grant relief." American School of Magnetic Healing v.
	pacer.cadc.uscourts.gov /common/opinions/200007/99-5309a.txt (2818 words)

	Canada Civil Criminal Court Records Search & Lookup
		The Court of appeals hears appeals from decisions of the superior courts, provincial or territorial courts.
		The Supreme Court of Canada is the highest court in Canada and is the final court of appeals from all other courts in Canada.
		The judges are appointed by the federal government and the court consists of eight judges and one chief justice.
	www.abika.com /Reports/Canada_Criminal_or_Civil_Court_Records.htm (746 words)

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