Summary

37034

Barreau du Québec v. Attorney General of Quebec

(Quebec) (Civil) (By Leave)

Keywords

Administrative law - Judicial review, Standard of review, Law of professions, Barristers and solicitors, Legislation, Interpretation.

Summary

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Administrative law – Judicial review – Standard of review – Law of professions – Lawyers – Legislation – Interpretation – Whether Court of Appeal erred as regards standard of review applicable in this case – Whether Court of Appeal erred in finding that exceptions to professional legislation, in this case exception in s. 102 of Act respecting administrative justice, must be interpreted broadly – Whether Court of Appeal erred as regards distinction between act of drawing up and act of representing within meaning of s. 128 of Act respecting the Barreau – Whether Court of Appeal erred in finding that s. 102 of Act respecting administrative justice can override application of whole of s. 128 of Act respecting the Barreau – Act respecting administrative justice, CQLR c. J 3, s. 102 – Act respecting the Barreau, CQLR c. B 1, ss. 128, 129.

Before the social affairs division of the Administrative Tribunal of Québec (“ATQ”), in proceedings between the Minister of Employment and Social Solidarity (“Minister”) and individuals (the respondents) dealing with the granting of social assistance, the Minister filed motions for review with the ATQ that had been prepared, drawn up, signed and filed by an official of the Ministère de l’Emploi et de la Solidarité sociale. The respondents concerned, who were represented by counsel, filed motions to dismiss those proceedings on the ground that they had not been drawn up by a member of the Barreau du Québec.