Jean Bouchard

The Attorney General of Quebec appealed decisions acquitting the respondents of taking part in an illegal strike.

The respondents challenged the constitutionality of the Act respecting remuneration in the public sector and the Act respecting the conditions of employment in the public sector, arguing that sessional papers forming the essence of the legislation were tabled in French only.

The Supreme Court of Canada dismissed the appeals, adopting the reasons of the Quebec Court of Appeal and holding that the legislation was unconstitutional as it violated the bilingual enactment requirements of s. 133 of the Constitution Act, 1867.

The Quebec Commission des valeurs mobilières recommended the suspension of the board of directors of Prêt Hypothécaire due to deteriorating financial conditions.

The Minister suspended the board and appointed a provisional administrator pursuant to s. 112 of the Securities Act.

The respondents brought an action in nullity, arguing the provision violated s. 96 of the Constitution Act, 1867.

The Supreme Court of Canada held that the Minister's power was administrative, not judicial, as it was based on expediency rather than legality and did not involve a true lis between parties.

The appeal was allowed and the provision was upheld as intra vires.

The Attorney General of Quebec and the Régie du logement appealed a decision holding that certain powers conferred on the Régie du logement by its enabling statute contravened s. 96 of the Constitution Act, 1867.

The Supreme Court of Canada applied the three-step test for s. 96 challenges and found that in Lower Canada at the time of Confederation, jurisdiction over relations between lessors and lessees was not exercised exclusively by superior courts.

Therefore, conferring this jurisdiction on the provincially appointed administrative tribunal did not violate s. 96.

The appeal was allowed and the jurisdiction of the Régie du logement was upheld.