(Quebec) The nine justices of the Supreme Court will be touring around Quebec this week on an extremely rare outing outside of the federal capital, where they will notably hear a case on the right of Quebecers to grow cannabis at home.
Posted at 5:00 am
Gabriel Beland The press
It is only the second time since its inception in 1875 that the country’s highest court is sitting outside of Ottawa, having been in Winnipeg in 2019.
“In Winnipeg, around 6:30 a.m., there was a line of people to enter the palace to see how it’s going, a Supreme Court hearing,” recalled Chief Justice of Canada Richard Wagner , in an interview .
“I realize that people have a thirst for information about justice,” adds the chief justice we met at Laval University.
The court will hear two open cases at the Quebec City Courthouse. The first takes place on Wednesday. This is Her Majesty the Queen of Pascal Breault (a thing that will probably be renamed His Majesty the King against…).
The Supreme Court will have to decide whether it is essential for police to have an approved screening device on hand when ordering a breath sample.
Then the court on Thursday will deal with a constitutional question: Can Quebec ban Quebecers from growing cannabis at home?
Recall that in 2018 the federal government allowed home growing of four plants. François Legault’s government, like Manitoba, immediately took a more restrictive line by banning the cultivation of potted plants at home.
Plaintiff, Janick Murray-Hall, initially won in Superior Court. The court found that Quebec’s ban “interfered materially with federal criminal jurisdiction.” Then the Quebec Court of Appeals agreed.
“It may seem like a trivial matter, but it has an immediate impact on citizens’ rights and freedoms,” says Richard Wagner. The priority was to find Quebec files. And there were these two files of interest, one on constitutional matters and one on criminal matters. »
Jordan’s “Warning Sign”
The visit to the Quebec Supreme Court is part of a broader campaign by the chief justice to “make the court known to the public”.
There are these outings outside of Ottawa, but also the Chief Justice’s annual press conference. The court has also set up “the case in brief,” a clear summary of the cases it hears, available on its website.
“We summarize the effects of a decision on citizens, their families, their friends in plain language, so that people without a legal background can also understand our decisions,” says Richard Wagner.
The Chief Justice shares others’ concerns about the delays in the justice system and in particular the impact of labor shortages.
“The justice system in Quebec, Canada and even elsewhere was never funded the way it should have been,” he says. Elected officials invest in health and education, and that’s fine. But the justice system has always been a bit of a stepchild. »
“For years there have been no resources for new court infrastructure, no appointment of additional judges, underpaid staff, clerks, paralegals…”
However, he believes that the Jordan ruling of 2016 acted as a “warning signal”. “Governments have started to invest more and that’s why I’m optimistic. People are beginning to realize that the judicial system is fundamental to democracy. »
A week in Quebec
Monday, September 12: The Chief Justice will hold a morning press conference at the Quebec City Courthouse. In the afternoon, the nine judges travel to nine different secondary schools to meet young people.
Wednesday: The trial of Her Majesty the Queen v. Pascal Breault takes place in the morning. Then, starting at 3 p.m., a public event at the Musée de la Civilization will bring together the nine justices of the Supreme Court and Quebec Chief Justice Manon Savard.
Thursday: Inquiry into Janick Murray-Hall c. Attorney General of Quebec.
Friday: Supreme Court justices meet with students from Université Laval.