Quebec Court of Appeal
|Quebec Court of Appeal|
The Court of Appeal of Quebec uses the Royal Arms of the Queen in right of Quebec, commonly called the Quebec Coat of Arms, to represent the Queen as the fount of justice being administered by the court.
|Established||May 30, 1849,|
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: la Cour d'appel du Québec) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.
The Court was created on May 30, 1849, as the Court of Queen's Bench (Cour du Banc de la Reine in French) - or Court of King's Bench (Cour du Banc du Roi in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal.
Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,000 in dispute to be heard. The Court of Appeal will overrule a lower court decision if it is "incorrect" on a question of law or if a "palpable and overriding error" was made on questions of fact or mixed fact and law. The Court of Appeal almost never hears witnesses, and lawyers' oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the Court may hear an appeal within hours or days in an emergency.
Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada, which is located in the federal capital of Ottawa, Ontario, but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal. Notwithstanding this, in very limited circumstances, a decision of the Court of Appeal may be appealed to the Supreme Court of Canada as of right.
The ability of the Supreme Court of Canada, which has six of its nine justices from common law provinces and only three from the civil law province of Quebec, to overrule the Court of Appeal of Quebec has occasionally been raised as a political issue by Quebec nationalists, who worry that it erodes Quebec's distinctive legal culture.
Perhaps the most significant decision of the Court of Appeal was Morgentaler v R (1974), in which the Court of Appeal overturned a jury decision acquitting Montreal Doctor Henry Morgentaler of performing an abortion, despite Morgentaler publicly admitting that he had done so. This was the first time in Canada that a jury acquittal had been replaced by a conviction, on appeal, rather than a new trial being ordered. The Court of Appeal was overturned by the Supreme Court of Canada in 1975. Subsequently, Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions.
As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada on the advice of the Prime Minister of Canada (in practical terms the advice is always followed). Appointees must be members of the Quebec Bar, but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Superior Court of Quebec. The quorum of the Court of Appeal of Quebec for appeals on the merits is generally three judges, but the Court has also sat five judges in exceptional circumstances, and in one recent extremely exceptional case, the Court sat seven judges. However, for Applications seeking leave to appeal and most other applications in the course of the proceeding, quorum is composed of only one judge of the Court of Appeal.
Originally, the Court had four judges, including the Chief Justice. It is currently constituted of 22 judges, including the Chief Justice. By statute, fifteen of the judges must reside in Montreal, while seven must reside in Quebec City.
|Position||Name||Appointed||Nominated By||Position Prior to Appointment|
|Chief Justice||Manon Savard||April 26, 2013 (Appointed Chief Justice on June 11, 2020)||Harper (Appointed Chief Justice by J. Trudeau)||Quebec Superior Court|
|Justice||Marie-France Bich||September 24, 2004||Martin||Professor at Universite de Montreal Faculty of Law|
|Justice||Guy Gagnon||September 27, 2009||Harper||Court of Quebec|
|Justice||Dominique Bélanger||November 2, 2012||Harper||Quebec Superior Court|
|Justice||Manon Savard||April 26, 2013||Harper||Quebec Superior Court|
|Justice||Martin Vauclair||December 17, 2013||Harper||Quebec Superior Court|
|Justice||Geneviève Marcotte||April 10, 2014||Harper||Quebec Superior Court|
|Justice||Mark Schrager||June 13, 2014||Harper||Quebec Superior Court|
|Justice||Robert Mainville||July 1, 2014||Harper||Federal Court of Appeal|
|Justice||Marie-Josée Hogue||June 19, 2015||Harper||Lawyer at McCarthy Tétrault|
|Justice||Patrick Healy||October 19, 2016||J. Trudeau||Court of Quebec|
|Justice||Simon Ruel||June 21, 2017||J. Trudeau||Quebec Superior Court|
|Justice||Jocelyn F. Rancourt||June 21, 2017||J. Trudeau||Quebec Superior Court|
|Justice||Suzanne Gagné||November 29, 2017||J. Trudeau||Quebec Superior Court|
|Justice||Genevieve Cotnam||June 26, 2018||J. Trudeau||Court of Quebec|
|Justice||Stephen Hamilton||August 29, 2018||J. Trudeau||Quebec Superior Court|
|Justice||Stéphane Sansfaçon||January 31, 2019||J. Trudeau||Quebec Superior Court|
|Justice||Michel Beaupré||March 8, 2019||J. Trudeau||Quebec Superior Court|
|Justice||Lucie Fournier||June 22, 2019||J. Trudeau||Quebec Superior Court|
|Justice||Benoit Moore||June 22, 2019||J. Trudeau||Quebec Superior Court|
|Position||Name||Appointed||Nominated By||Position Prior to Appointment|
|Justice||Yves-Marie Morissette*||November 7, 2002||Chretien||Professor at McGill Law|
|Justice||François Doyon*||May 7, 2004||Martin||Court of Quebec|
Assistant chief prosecutor
|Justice||Julie Dutil*||September 24, 2004||Martin||Quebec Superior Court|
|Justice||François Pelletier*||June 6, 2000||Chretien||Quebec Superior Court|
|Justice||Jacques Chamberland*||June 10, 1993||Mulroney||Deputy Attorney General for Quebec|
|Justice||France Thibault*||December 1, 1998||Chretien||Quebec Superior Court|
|Justice||Louis Rochette*||February 1, 2000||Chretien||Quebec Superior Court|
|Justice||Jacques Dufresne*||May 13, 2005||Martin||Quebec Superior Court|
|Justice||Jean Bouchard*||October 1, 2009||Harper||Quebec Superior Court|
|Justice||Jacques J. Levesque*||November 2, 2012||Harper||Quebec Superior Court|
|Justice||Allan R. Hilton*||September 26, 2003||Chretien||Quebec Superior Court|
|Justice||Claudine Roy*||August 17, 2017||J. Trudeau||Quebec Superior Court|
- Julien Chouinard (1974 – September 1979)
- Claire L'Heureux-Dubé (1979 – April 1987)
- Antonio Lamer (1978 - March 1980)
- Louis LeBel (June 1984 – January 2000)
- Morris Fish (June 1989 – August 2003)
- Marie Deschamps (March 1992 – August 2002)
- Jean-Louis Baudouin (May 1989 – 2008)
- Richard Wagner (February 2011 – October 2012)
- Clément Gascon (April 10, 2012 - June 9, 2014)
- Joseph Nuss 
- J. Michel Robert
Chief Justice of Lower Canada
- William Smith (chief justice) 1791-1793
- William Osgoode 1794-1801
- John Elmsley 1802-1805
- Henry Allcock 1805-1808
- Jonathan Sewell 1808-1838
- Sir James Stuart, 1st Baronet 1838-1841
Chief Justice of Canada East
- Sir James Stuart, 1st Baronet 1841-49
Chief Justice of Court of Queen's Bench
- Sir James Stuart, 1st Baronet 1849-53
- "History - Cour d'appel du Québec". Court of Appeal of Quebec. Retrieved 2018-05-26.
- Code of Civil Procedure, CQLR, c. C-25.01, s. 30. https://www.canlii.org/en/qc/laws/stat/cqlr-c-c-25.01/latest/cqlr-c-c-25.01.html?autocompleteStr=civil&autocompletePos=3
- Housen v. Nikolaisen, 2002 SCC 33, para. 19-37. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1972/index.do
- In the matter: Reference to the Court of Appeal of Quebec pertaining to the constitutional validity of the provisions of article 35 of the Code of Civil Procedure which set at less than $85,000 the exclusive monetary jurisdiction of the Court of Québec and to the appellate jurisdiction assigned to the Court of Québec, 2019 QCCA 1492. https://www.canlii.org/en/qc/qcca/doc/2019/2019qcca1492/2019qcca1492.html?autocompleteStr=reference%20cod&autocompletePos=1
- Code of Civil Procedure, CQLR, c. C-25.01, ss. 357 & 378. https://www.canlii.org/en/qc/laws/stat/cqlr-c-c-25.01/latest/cqlr-c-c-25.01.html?autocompleteStr=civi&autocompletePos=3
- "Quebec Judicial Appointment Announced". Archived from the original on 2011-06-13.
- "Quebec Judicial Appointments Announced". Archived from the original on 2003-11-11.