Guatemalan man's estate entitled to redress after court says death was linked to work
The high court ruled in majority 2-1 decision that Ottoniel Lares Batzibal was on the job when he died and his estate should have been compensated.
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Vancouver Sun
a day ago
- Vancouver Sun
Judge overstepped his authority in ruling against Quebec's language law: appeal court
MONTREAL — Quebec's Court of Appeal says a provincial court judge overstepped his jurisdiction when he ruled that part of the province's language law is unconstitutional. In May 2024, Quebec court Judge Denis Galiatsatos raised a legal question on his own initiative while overseeing a case involving a woman charged with criminal negligence causing the death of a cyclist. The woman had sought a trial in English. Galiatsatos took issue with a section of Quebec's language law that was scheduled to enter into effect in June of that year, a few days before the start of the trial. The law requires that a French translation of court decisions be made available 'immediately and without delay.' Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. The judge said at the time that the law would systematically delay English verdicts because of the French translation requirement. In a procedural ruling ahead of the trial, he declared the provision inoperable. His ruling was overturned by the Court of Appeal in late May. In a written ruling dated Aug. 8 outlining its reasons, a three-justice panel unanimously agreed that Galiatsatos's actions in initiating the debate went beyond his jurisdiction. 'Perhaps there was room here for a proper constitutional debate on the applicability of the (law) in criminal matters. One can legitimately ask this,' the high court ruled. 'But initiating, conducting and resolving this debate, unilaterally and in anticipation, as the judge attempted to do here, went far beyond the limits of his jurisdiction.' Following Galiatsatos's initial ruling, Quebec's attorney general took the matter before Superior Court for a judicial review, which was dismissed due to the absence of 'harm to the public interest in the judge's ruling.' Quebec's attorney general then brought the matter before the Court of Appeal, which said, 'the procedure followed here left too much to be desired' and that a judge alone cannot take it upon themselves to decide a matter in this way, using 'pure hypotheses,' a 'deficient procedural framework' and absent the 'illumination of a well-documented context.' If anyone chooses to challenge the constitutionality of the article in the future, it will have to be redone correctly, the court ruled. Droits collectifs Quebec, a Quebec civil liberties group, welcomed the ruling. The organization takes up cases of French language rights, notably in the push to get the Supreme Court of Canada to translate unilingual English rulings delivered before 1970, when decisions started to be systemically translated under the Official Languages Act. In the group's opinion, the move by the judge 'amounted to nothing less than an activist judicial refusal to respect not only the French language charter, but also the foundations of the principle of judicial impartiality and independence by taking up the question of the constitutional validity of the charter on its own.' French Language Minister Jean-Francois Roberge said Thursday the government welcomes the Court of Appeal ruling and sends a clear message. 'Whenever the charter is attacked or violated, we will defend it,' Roberge said on X. 'The future of the French language and our nation depend on it.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Edmonton Journal
a day ago
- Edmonton Journal
Judge overstepped his authority in ruling against Quebec's language law: appeal court
A courthouse in Montreal. Photo by Christinne Muschi/The Canadian Press/File MONTREAL — Quebec's Court of Appeal says a provincial court judge overstepped his jurisdiction when he ruled that part of the province's language law is unconstitutional. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Exclusive articles by David Staples, Keith Gerein and others, Oilers news from Cult of Hockey, Ask EJ Anything features, the Noon News Roundup and Under the Dome newsletters. Unlimited online access to Edmonton Journal and 15 news sites with one account. Edmonton Journal ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by David Staples, Keith Gerein and others, Oilers news from Cult of Hockey, Ask EJ Anything features, the Noon News Roundup and Under the Dome newsletters. Unlimited online access to Edmonton Journal and 15 news sites with one account. Edmonton Journal ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors In May 2024, Quebec court Judge Denis Galiatsatos raised a legal question on his own initiative while overseeing a case involving a woman charged with criminal negligence causing the death of a cyclist. The woman had sought a trial in English. Galiatsatos took issue with a section of Quebec's language law that was scheduled to enter into effect in June of that year, a few days before the start of the trial. The law requires that a French translation of court decisions be made available 'immediately and without delay.' Get the latest headlines, breaking news and columns. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again The judge said at the time that the law would systematically delay English verdicts because of the French translation requirement. In a procedural ruling ahead of the trial, he declared the provision inoperable. His ruling was overturned by the Court of Appeal in late May. In a written ruling dated Aug. 8 outlining its reasons, a three-justice panel unanimously agreed that Galiatsatos's actions in initiating the debate went beyond his jurisdiction. 'Perhaps there was room here for a proper constitutional debate on the applicability of the (law) in criminal matters. One can legitimately ask this,' the high court ruled. 'But initiating, conducting and resolving this debate, unilaterally and in anticipation, as the judge attempted to do here, went far beyond the limits of his jurisdiction.' Following Galiatsatos's initial ruling, Quebec's attorney general took the matter before Superior Court for a judicial review, which was dismissed due to the absence of 'harm to the public interest in the judge's ruling.' Quebec's attorney general then brought the matter before the Court of Appeal, which said, 'the procedure followed here left too much to be desired' and that a judge alone cannot take it upon themselves to decide a matter in this way, using 'pure hypotheses,' a 'deficient procedural framework' and absent the 'illumination of a well-documented context.' If anyone chooses to challenge the constitutionality of the article in the future, it will have to be redone correctly, the court ruled.
Winnipeg Free Press
a day ago
- Winnipeg Free Press
Judge overstepped his authority in ruling against Quebec's language law: appeal court
MONTREAL – Quebec's Court of Appeal says a provincial court judge overstepped his jurisdiction when he ruled that part of the province's language law is unconstitutional. In May 2024, Quebec court Judge Denis Galiatsatos raised the question on his own initiative while overseeing a case involving a woman charged with criminal negligence causing the death of a cyclist. The language law's article 10 says a French translation of court decisions must be made available 'immediately and without delay.' The English-language trial in question got underway two days after the language law took effect in June 2024. Galiatsatos said at the time that the law systematically delays the delivery of verdicts handed down in English because of the French translation requirement. Both the provincial and federal attorneys general argued before the Court of Appeal that Galiatsatos could not raise the question on his own initiative. The province's high court agreed, and in a ruling Aug. 8 said the judge's actions in initiating the debate went beyond his jurisdiction. This report by The Canadian Press was first published Aug. 14, 2025.
