Historic passage of the Supreme Court in Quebec

(Quebec) The nine judges of the Supreme Court will be passing through Quebec this week in an extremely rare outing outside the federal capital, where they will hear in particular a case on the right of Quebecers to cultivate cannabis at home.

Gabriel Beland
The Press

It is only the second time since its creation in 1875 that the highest court in the country has sat outside Ottawa, after a stint in 2019 in Winnipeg.

“In Winnipeg, around 6:30 in the morning, there was a line of people to enter the palace, to see how it is going, a hearing before the Supreme Court”, recalls in an interview the Chief Justice of Canada, Richard Wagner.

“I realize that people are thirsty for information on justice,” adds the chief judge, whom we met at Laval University.

The Court will hear two cases open to the public at the Quebec City courthouse. The first will take place on Wednesday. It is Her Majesty the Queen v. Pascal Breault (a cause that will likely be renamed His Majesty the King against…).

The Supreme Court will have to decide whether the police absolutely must have an approved screening device in their hands when ordering someone to provide a breath sample.

Then Thursday, the Court will consider a constitutional question: can Quebec prohibit Quebecers from growing cannabis at home?

Recall that the federal government had allowed in 2018 the home cultivation of four plants. The government of François Legault had immediately adopted a more restrictive line, just like Manitoba, by prohibiting the growth of seedlings of jar at home.

The plaintiff, Janick Murray-Hall, initially won in Superior Court. The court found that Quebec’s ban encroached “significantly on federal criminal jurisdiction.” Then the Court of Appeal then agreed with Quebec.

“It may seem like down-to-earth issues, but they have immediate impacts on the rights and freedoms of citizens, says Richard Wagner. The priority was to find files from Quebec. And there were those, two files of interest, one in constitutional matters and one in criminal matters. »

Jordan’s “Warning Signal”

The Supreme Court’s visit to Quebec is part of a broader campaign launched by the Chief Justice to “make the Court known to the public”.

There are these outings outside of Ottawa, but also the annual press conference given by the Chief Justice. The court has also set up “the case in brief”, a clear summary of the cases it hears, available on its website.

“We summarize in plain language the impact of a decision on citizens, their families, their friends, so that even people without legal background can understand our decisions,” says Richard Wagner.

The Chief Justice is worried like others about the delays in the judicial system and in particular the impacts of the labor shortage.

“The justice system, in Quebec, in Canada and even elsewhere, has never been funded as it should have been,” he says. Elected officials are investing in health and education, and that’s okay. But the justice system has always been a bit of a poor relation. »

“For years, there have been no resources for new courthouse infrastructure, no appointments of additional judges, underpaid staff, court clerks, legal assistants…”

But he believes that the Jordan judgment in 2016 had the effect of a “warning signal”. “Governments have started to invest more and that’s why I’m optimistic. People are beginning to realize that the justice system is fundamental to democracy. »