Pierre Yves Boisvert

This appeal addressed prescription periods for a civil liability action against a municipality after a homicide.

The respondents, as indirect victims, sought moral and material damages for the death of a family member and argued that the three-year period in art. 2930 C.C.Q. applied.

The majority held that an action claiming direct and immediate consequences of interference with a person’s physical integrity is based on the obligation to make reparation for bodily injury caused to another.

As a result, the three-year period applied and the municipal six-month limitation did not bar the claim.

The appeal was dismissed.

The respondent applied for employment as a police officer but was rejected because she had previously pleaded guilty to shoplifting and received a conditional discharge, despite having been pardoned under the Criminal Records Act.

The employer argued she did not meet the 'good moral character' requirement.

The Supreme Court of Canada held that a statutory pardon is a 'pardon' within the meaning of s. 18.2 of the Quebec Charter of human rights and freedoms, which protects against employment discrimination based on a pardoned criminal conviction.

The Court found that the employer rejected the application based solely on the finding of guilt without conducting a further inquiry to counter the presumption that the pardon had restored her moral integrity, thereby violating the Charter.

The complainant was excluded from a municipal police officer hiring process because he did not meet a minimum hearing acuity standard adopted by the municipality.

The Commission brought a complaint alleging discrimination based on a handicap.

The Supreme Court of Canada held that while the standard was discriminatory and inoperable against the complainant, damages could not be awarded because public law principles provide immunity for the good faith application of a law subsequently found unconstitutional.

However, the Court ordered the municipality to reconsider the complainant's application under current hiring rules without considering his hearing loss.