Feb. 04, 2020 - In a recent decision,1 the Superior Court of Québec held that an authority cannot keep copies of electronic documents seized during a search and seizure after officially notifying the person that it will not bring penal or administrative proceedings against the person. In this decision, the...
Michael Lubetsky Representing Égale Canada in Québec Trial for Trans Rights
Davies partner Michael Lubetsky is representing Égale Canada in a lawsuit by the Centre for Gender Advocacy (CGA) against the Québec government, alleging discrimination against trans, non-binary and intersex people and their families. Égale is acting as an intervener in the proceedings.
The CGA seeks to invalidate 11 articles of the Civil Code of Québec that it argues violate the rights of members of the trans community to freedom, liberty, dignity and security under the Québec and Canadian charters of rights and freedoms. The challenged laws relate to the registration of births and deaths, changes of name and sex designation, and the issuance of birth and death certificates. Among other things, they prohibit non-citizens from legally changing their name or sex designation, compel non-binary and intersex people to identify as either “male” or “female,” and require that all trans, non-binary and intersex parents be identified in gendered terms upon the births of their children.
Égale is a national organization dedicated to advocating for LGBTQI2S individuals across Canada. As an intervener in the action, it is providing submissions to the Court on analogous regimes in other provinces and foreign countries that have turned their attention to the existence and rights of trans, non-binary and intersex people.
Jan. 28, 2020 - The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The...