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Publications

October 30th, 2023

Reference re Impact Assessment Act: Supreme Court majority rules that the presumption of constitutionality cannot save the Act from being unconstitutional in part

Introduction On appeal from a decision of the Court of Appeal of Alberta in the context of a reference, the Supreme Court of Canada (the “Court”) recently concluded that the federal impact assessment scheme consisting of the Impact Assessment Act1 (the “IAA”) and the Physical Activities Regulations2 is unconstitutional in part.3 A majority of the Court, […]

Publications

October 19th, 2023

An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods

Assent and gradual entry into force of new obligations regarding the quality, durability and repairability of goods and amendments to the Consumer Protection Act Manufacturers and merchants, get ready... On October 5, just four months after Bill 29 was introduced in the National Assembly, An Act to protect consumers from planned obsolescence and to promote […]

Publications

September 18th, 2023

Public infrastructure surveillance: Who Watches the Watchmen?

The issues surrounding the collection and use of data via a surveillance system are becoming increasingly complex from a managerial, operational and legal perspective, particularly: when the data collected includes personal information about employees or the public; when advanced technology is used without sufficient understanding and oversight. In today’s global context (terrorism, cyberterrorism, war, espionage, […]

Publications

September 12th, 2023

Ethics in artificial intelligence: Discriminatory biases

Introduction With the rapid advances in artificial intelligence (“AI”), the call for an ethical framework for AI is growing louder. But what exactly does that entail? “Derived from the Greek word ‘ethos,’ which means ‘way of living,’ ethics is a branch of philosophy that is concerned with human conduct, more specifically the behaviour of individuals […]

Publications

August 18th, 2023

Comment on the Proposition de Fuoco decision – The criteria for a provable claim and the debt resulting from the legal warranty of quality

This is the English version of an article published in La référence on August 8, 2023 under number EYB2023REP3653. INTRODUCTION Despite abundant case law on latent defects and what constitutes a provable claim, Quebec courts have rarely been called upon to decide an issue involving both concepts. What is the outcome where a sale […]

Publications

August 18th, 2023

Teachers’ right to privacy: a decision of interest is expected from the Supreme Court of Canada

On June 21, 2022, the Court of Appeal for Ontario rendered a decision1 concerning the extent of employees’ reasonable expectation of privacy in the workplace. The Court of Appeal decided inter alia that the protection against unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms (the “Charter”) applies to employees […]