The Gaspé Énergies Case: The Quebec Court of Appeal sits in a panel of 5 judges to clarify the state of the law.

On October 10th, the Quebec Court of Appeal heard the case of Attorney General of Quebec et al. v. Gaspé Énergies Inc. et al. at the Quebec City Courthouse.

The Court exceptionally sat as a panel of five judges instead of three, a decision made at the discretion of the Chief Justice. This occurs in important constitutional cases, when reexamining a precedent, or when a new legal question that could significantly impact society needs to be resolved.  

In this case, the upcoming decision of the Court is expected to clarify the state of the law regarding the criteria for appealing judgments rendered in the course of a proceeding, particularly regarding the criterion of irreparable injury outlined in paragraph 31(2) of the Code of Civil Procedure. It may also provide guidance on the criteria related to staying the application of a law, particularly the presumption that a law is enacted in the public interest. On this point, two conceptions of the public interest are at odds: one that views the public interest as reflected in the contested law and another that aims to prevent the violation of fundamental rights.  

The BCF team, composed of Éric Orlup, Julie Dorion, Ariane Carrier, and Véronique Milot, is proud to have supported its clients Gaspé Énergies et al. in this hearing, which involves significant legal and social issues. 

The decision from the Quebec Court of Appeal is expected in the coming months. 

For more information on the judgment that led to this appeal, please refer to this recent case.