Category: Amendments to legislation

Everyday tasks such as grocery shopping, household maintenance, and managing finances can be challenging for our family members who are aging and/or vulnerable. On November 21, 2022, the law to better protect vulnerable population came into force and effect.

According to a Quebec Superior Court decision last month, police are no longer permitted to conduct traffic stops on drivers without cause. The court deemed the practice as arbitrary and promoted racial profiling against the Black community.

On June 24, 2022, the Supreme Court of the United States of America (“SCOTUS”) issued a landmark decision overturning Roe v. Wade, the 1973 case that safeguarded legal abortion access in the U.S.

In Quebec, for as long as the Civil Code of Quebec has been in force and effect, contracts with respect to surrogacy were not a legally recognized form of procreation. This meant that although it was legally possible to use a third parties’ sperm to have a baby, it was illegal to use a third parties’ uterus. Therefore, the only couples that were able to have children were heterosexual couples and lesbian couples, and/or through adoption. This stipulation prevented two men, or any couple struggling with infertility from having a child through surrogacy. Therefore, the upcoming reform to the rules on surrogacy is a big step towards inclusiveness in growing a family in Quebec.

In 1975, Quebec enacted the Charter of Human Rights and Freedoms. Within this Charter, there are different rights and freedoms fundamentally stipulated with respect to citizens of the province. One aspect of the Charter applies to conflicts between individuals and the government. That being said, the rights and freedoms given are presumed to be of equal importance, unless circumstances dictate otherwise. This is exactly what was seen in the judgement ruled by the Supreme Court of Canada with respect to the case of Mike Ward v. Jeremy Gabriel.

In Quebec, the anonymity of sperm donors is protected. In accordance with article 542 of the Civil Code of Quebec, nominative information relating to the medically assisted procreation of a child is confidential.

After over 20 years of waiting, Canada’s federal family laws, specifically the Divorce Act, was finally amended. COVID-19 caused the delay of the date to come into effect by almost one year.

On January 28, 2021, a historic judgment (Center for Gender Advocacy v. Attorney General of Quebec, 2021 QCCS 191) was rendered by the Superior Court of Quebec.

On May 28, 2020 it was published in the Gazette Officielle du Québec, a draft Regulation to amend the Québec Immigration Regulation for the Programme de l’expérience Québécoise.

On May 22, 2018, the federal government introduced Bill C-78, the first update to family law legislation in over two decades.