Latest news with #Bisson
Montreal Gazette
26-05-2025
- Politics
- Montreal Gazette
Quebec government ordered to pay $164 million plus interest in ‘historic' class-action ruling for justice denied
News By A person's right to appear before a judge within 24 hours of being arrested and detained is a cornerstone of Canada's criminal justice procedure, and now a judge has ordered the province of Quebec to pay damages of $164 million plus interest for wilfully violating that right thousands of times. 'The (prosecutor's office) and the (Quebec justice department) failed in their obligation to put in place a system that guarantees an appearance that complies with the requirements of the Criminal Code, knowing full well that their faulty appearance system led to the systemic violation of the fundamental rights of those seeking justice by failing to comply with the 24-hour deadline on Sundays and public holidays from 2015 to 2019-2020,' Quebec Superior Court Justice Donald Bisson writes in a 155-page ruling dated May 20 in a class-action lawsuit against the province. 'It was expected that thousands of people seeking justice would be affected, and that is exactly what happened.' The suit was filed by the Montreal law firm Kugler Kandestin on behalf of people whose right to a court appearance within 24 hours was violated between 2015 and 2020. It's estimated there were about 24,000 such incidents during the period covered by the class-action. 'It's a significant judgment and we're extremely proud of it,' lawyer Robert Kugler said on Monday. With the interest accumulated, he estimates the province will pay about $240 million. 'It can never be forgotten that any time an individual is arrested, even if the peace officer thinks that person needs to be detained, those people are presumed innocent. They can't be punished until such time as they are found guilty. That's why there are such strict rules in place in the Criminal Code, to ensure that their rights are respected.' The judge ruled in favour of the class-action lawsuit in its entirety, stating that the Quebec government not only intentionally violated the fundamental rights of thousands of people to have a court appearance within 24 hours of being detained, but also that it did so for budgetary reasons to save the cost of staffing courts on Sundays and statutory holidays. 'The evidence shows that administrative and budgetary considerations led to the withdrawal of Sunday appearances, even though such considerations can never justify the violation of constitutional rights,' Bisson writes. Before June 2015, 'telephone appearances' before a justice of the peace were permitted in parts of Quebec, but these were subsequently ruled to not respect the Criminal Code. The class-action start date of June 2015 represents the date when the Quebec prosecutor's office removed all appearances, including telephone appearances, on Sundays and statutory holidays, Kugler said. The Quebec prosecutor's office had argued in its defence that it was the justices of the Court of Quebec who didn't want to sit on Sundays and statutory holidays, and therefore it wasn't responsible for the rights violations. However, Bisson rejected the argument, stating in his ruling that 'the responsibility for implementing a system that ensures compliance with (the 24-hour rule) belongs to the state and, consequently, to all state actors.' The province only changed its system and began staffing the Court of Quebec on Sundays and statutory holidays after the class-action lawsuit was authorized to proceed in 2020 — a fact that Bisson notes in his ruling. The province sought unsuccessfully to have the class-action lawsuit denied by a judge. 'It suggests this situation never would have been rectified without a class-action,' Kugler said. The class-action initially included City of Montreal and Quebec City because the two cities also did not staff their municipal courts, which treat minor offences of municipal bylaws, on Sundays and statutory holidays, at the time. After the class-action lawsuit was authorized against the province and the two cities, Montreal and Quebec City settled out of court, with Montreal paying $4.3 million and Quebec City paying $412,000 in their settlements, Kugler said. The Quebec government, however, chose to go to trial, which was held over a month earlier this year. Bisson's judgment grants the plaintiffs' damage claim of $7,000 per incident of detention beyond the 24-hour delay between 2015 and 2020, plus interest. However, given the number of incidents, the judge has ordered the government to pay a lump sum of $164 million plus interest within 30 days and to cover the cost of a claims administrator to identify and track down thousands of people who qualify for damages through court and police records. The province has 30 days to decide if it will file an appeal. 'Out of respect for the judicial process, we will not be making any comment,' the justice department said in an email Monday. The Quebec prosecutor's office also said it can't comment, saying in an email: 'We acknowledge the court's decision and are taking the time to analyze the merits of its conclusions.' Numerous court rulings over the years have affirmed the fundamental right of a person to have an appearance before a judge within 24 hours of being arrested and detained, Kugler said, and other provinces allow such appearances on Sundays and statutory holidays. When a police officer makes an arrest, the person may be released from custody after signing a promise to appear in court at a later date to faces charges. However, the police may decide the person should not be released and will detain the person in a holding cell at a police station until they can appear before a judge. Before 2020 in Quebec, that meant a person arrested on, say, a Saturday evening would not appear in court until Monday and would sit in a police holding cell until then. 'A holding cell is nothing like a cell in a detention facility,' Kugler said. 'In a holding cell in a police station, the lights are on all the time. There's zero privacy. There's no ability to take a shower. You don't get really any meals, there's nothing to do. There's no television, there's no one to speak to, there's nothing to read.' The person may need medication or treatment and doesn't have access to that in a police cell, he added. Kugler said he hopes the ruling will serve as a precedent in another class-action lawsuit filed by his firm on behalf of at least 1,500 Nunavik residents. This second class-action claims that the right of people arrested in the North to a timely bail hearing — the next step in the criminal justice process after an appearance before a judge — was systemically violated for years.
CBC
01-03-2025
- Business
- CBC
Here's how Quebec's bottle deposit-refund system is changing on March 1
As of March 1, you'll be charged 10 cents on all your plastic bottles ranging from 100 millilitres to two litres. But you'll get your money back if you return them to one of Quebec's 3,500 participating retailers that currently have deposit-return systems. About 1.2 billion new plastic containers will be subjected to a 10-cent deposit. Before today, the measure only applied to plastic bottles for soft drinks. "There was a lot of job to be done, but we are confident that, for [today], everything will go great and the Quebecers will be able to return the containers," said Normand Bisson, president and CEO of Consignaction, the organization responsible for managing the system. He says the plastic is "100 per cent recycled," with around 90 per cent recycled in the province. "The material is very clean," he said. "We are able to use them to make new containers." What this means for you A comprehensive list of returnable beverage containers is available on Consignaction's website. "Containers of water, sparkling water, juices, some milk containers, some SAQ containers will be under deposit," said Bisson. "We will still have the deposit on glass containers, only for soft drink and beer." Quebec's new bottle deposit and return system was slated to come into effect in 2022, but was delayed until 2023, and again until March 1. The phases of the plan are being rolled out gradually. As of November 1, 2023, the system had been extended to all aluminum beverage containers from 100 millilitres to two litres and included cans of ready-to-drink beverages. March 1 marks the second phase of the project. By March 1, 2027, an expansion of the system is expected to cover all glass and multi-layer carton ready-to-drink containers from 100 millilitres to two litres. Bumps ahead for retailers The new phase of the project may not go smoothly for all retailers. Out of the 200 return locations planned by Consignaction, only 47 of them have opened their doors so far, and there's no sign that the process will speed up. According to regulations, 100 sites must be ready by September, 200 by March 2026, 300 by September 2026 and 400 by March 2027. "The fact that 1.2 billion new containers enter the system, it's a lot of pressure on the shoulders of retailers," said Francis Mailly, vice-president of public affairs for the Retail Council of Canada. He added that the new system has to be efficient to ensure the workload doesn't fall on retailers. "The primary mission of a grocery store is to sell food, not to serve as a collection and sorting centre," said Mailly. Consignaction has stopped all new construction for return sites for plastic, glass and aluminum containers due to lack of funding. At the end of November of last year, the Quebec government said it was postponing the implementation of the deposit system for glass and multi-layer beverage containers by two years due to delays caused by Consignaction. It also launched an administrative investigation to look into those delays. In the meantime, BMO bankers have suspended financing for the new sites, worried that Quebec will withdraw Consignaction's management of the deposit as a result of its investigation. "The investigation is on its way. We are co-operating," said Bisson. Mailly encourages consumers not to hurry to the stores on Saturday. "The system will be there for a very long time so if you have containers in your basement that you're collecting, just don't come in the first days," he said. "Don't rush on the first days to help us make sure that our stores have enough space to manage that."
Yahoo
20-02-2025
- Yahoo
Judge denies request to revoke bail for stabbing suspect
Feb. 19—The mother of a man violently stabbed multiple times during a fight outside a Manchester convenience store two weeks ago didn't hold back her thoughts about a judge after he denied a request to have the suspect held on bail. "I wish it was your son," Roxanne Perry yelled at Judge Michael Klass during the proceeding. The release of Kyle Bisson, 25, of Manchester, on personal recognizance bail by Magistrate Stephanie Johnson the day after the Feb. 7 altercation has become a political firestorm. The Manchester Police Department, Mayor Jay Ruais and Gov. Kelly Ayotte have all used Bisson's release to argue the need for bail reform. Bisson faces charges of second-degree assault and two counts of falsifying evidence after the stabbing of Michael Perry, 42, in front of Bunny's Convenience store on Elm Street. The two men did not know each other. A police affidavit indicates Perry punched Bisson and called him a racial slur before the stabbing. The fight was caught on surveillance camera, which prosecutor Patrick Ives showed to Klass during a hearing at Hillsborough County Superior Court Wednesday. Roxanne Perry's anger spilled into the lobby after Klass ordered the courtroom cleared with her saying, "They let that animal walk!" It was revealed in court documents that a police prosecutor didn't argue for Bisson to be held during his arraignment in Manchester District Court last week. In a unique move, the Hillsborough County Attorney's Office filed an appeal on a judge's order that the police prosecutor agreed to without objection. Klass said the state did not meet its burden to prove Bisson would be a danger to the public. "While again this involves a troubling and violent episode, the facts before the court do not justify defendant detention going forward," Klass ruled. Klass called a recess to personally review surveillance footage of the confrontation. "The video reflects that M.P. and the defendant both played a role in this incident," the judge said. "They both appeared to be aggressors at times. The video appears consistent with the defendant's affidavit." The alleged victim, Michael Perry, sat in the front of the court with his mother and displayed a scar on his hand from the stabbing. According to the complaint, Bisson stabbed Perry nine times with a pocket knife during a fight with most of the wounds coming as Perry tried to flee. Bisson told police that Perry had called him a derogatory name for Black people and that Perry punched him in the face and jumped on top of him, according to the affidavit. Bisson thought he was going "to get beaten to a pulp" and said he acted in self-defense, according to court documents. Prosecutor Patrick Ives showed Klass surveillance video from Bunny's on the night of the violent exchange and highlighted the timeline. "The defendant is at no physical risk," Ives said. "He is on the other side of Amherst Street five times; each time choosing to reengage in this increasingly heated altercation." He noted Bisson discarded the knife down a drain and the jacket he was wearing. Public defender Tom Stonitsch argued Bisson had the right to defend himself and urged Klass to watch the entire video without an "editorialized" version by Ives. "What you'll see is every single time that my client comes back, he stops several feet away from M.P.," Stonitsch said. "He stops, and M.P. approaches." During the confrontation, Perry told Bisson that he had a knife, which prompted fear for Bisson, and the punch was aimed at "knocking my client out," Stonitsch said. Klass noted Bisson, even though he tossed the knife and jacket, called police, reported for his arraignment and came to the police station. In an unrelated case, Bisson was convicted of criminal threatening (domestic violence) in October and was given a 60-day sentence suspended for two years. Klass said the misdemeanor offenses don't show random acts of violence. In a statement Wednesday, Mayor Ruais said he was disappointed the defendant's personal recognizance bail was not revoked. "This incident brought real violence to our downtown, threatening citizens and business owners, which is unacceptable," he said. "Despite today's decision, I remain confident that legislators in Concord are listening and will get behind the necessary changes to our bail laws. Violent and repeat offenders need to stay behind bars."
Yahoo
16-02-2025
- Business
- Yahoo
Independent Production on the Rise, Studios Cut Back and Everyone Looks to Asia: Takeaways From Ampere Analysis' EFM Presentation
As the entertainment world continues to evolve post-pandemic, Ampere Analysis' Guy Bisson offered a compelling look at the global film industry's current state and its trajectory in 2025 during a presentation at the European Film Market. With the global box office still recovering from the pandemic's devastating impact and streaming taking an increasingly dominant role in how audiences consume content, Bisson offered a sharp insight into where the market is heading and what it means for film production, distribution and financing. More from Variety In Latin America, Broadcasters Hold Strong While Streamers Still Have Plenty of Room to Grow: Ampere Analysis Six Biggest Companies to Spend Record $126 Billion on Content in 2024, up 9%, Led by Disney MipJunior: Streamers' Kids Content Acquisitions Increase as Commissioning Plunges - Ampere Analysis A Shifting Landscape 'The global market, valued at $800 billion, is essentially split in two,' Bisson explained. 'Half of it is shrinking, and half of it is growing.' What this split reveals is a fundamental shift in the entertainment ecosystem. The legacy businesses — broadcast television, transactional video and theatrical releases — are all struggling, while the sectors that are on the rise include streaming and online video platforms like YouTube and TikTok. While streaming continues to surge, the theatrical market is 'flat' and has yet to return to pre-COVID levels. Asia, particularly China, stands as the only region where the box office is projected to exceed pre-pandemic levels. This trend is indicative of the slow recovery of the global box office and the lingering effects of COVID-19's disruption. 'If you note, Asia is the only region forecast to go above slightly where it was before COVID,' Bisson pointed out. The Decline of Traditional Business Models The most significant shift in the entertainment landscape, according to Bisson, is the move from legacy models based on geography to a more universal distribution model facilitated by streaming technology. This transformation has dismantled geographic restrictions that once defined content distribution. 'All the players trying to reach that audience are following the same path, and so we're getting more and more overlap between different windows as we used to think of them,' he explains. As streaming emerges as the primary means of delivering entertainment, traditional windows for film distribution — like theatrical releases and TV — are increasingly consolidating. 'Everything's converged on streaming now, all those windows post-theatrical with different means of distribution in the past are all now in the same basket,' Bisson explained. This convergence creates a new challenge for filmmakers and distributors who must navigate an ever-more complex market where traditional categories of content are blending. The Changing Role of Streaming and Movies Despite streaming's dominance, Bisson emphasizes that its role has evolved. Once viewed as the savior of the film industry during the pandemic, streaming is no longer the premier platform for film releases. 'Streaming as a premiere platform is… considerably less important,' he states. This is partly due to the shift in focus from first-run films to TV renewals and more secure, established content. 'Increasingly, streaming platforms are prioritizing TV renewals — safe bets — over first-run films and movies,' Bisson noted. This change is largely driven by the rising importance of advertising and the need for repeat engagement from viewers. The focus has shifted toward retaining subscribers with proven, long-running TV series that keep audiences coming back for more. Simultaneously, Bisson highlights the decline in movie production by major studios. Companies like Disney are reducing the number of films they produce, opting instead to focus on making fewer, higher-quality projects. 'If you're in a flat market, there's been no increase in volumes, and majors are dropping,' he said. The result is a 'pullback' in production budgets, with the major studios cutting spending by roughly 10%. These cutbacks are compounded by the struggles of streamers, who are also scaling back their film production budgets. Independent Film and Financing There was some potential good news for the independent producers, sales agents and distributors at this year's EFM. While major studios and streaming giants pull back, the independent sector is on the rise. 'The independent and smaller producer distributors are growing significantly,' Bisson pointed out. However, these smaller companies often face significant challenges in securing financing. 'The backers and finance have shifted again,' he notes, with financing deals becoming more complex due to the need for more parties to get involved. As traditional, one-stop-shop financing deals become harder to come by, the importance of producers and distributors in the financing process is growing. A key example of this trend is the recent 30-picture deal between Paramount Pictures and Domain Capital, which Bisson cites as an example of the kind of deal more likely to dominate the industry in the near future. 'That's the sort of deal we'd expect to see more and more of going forward,' he says. A New Frontier in Asia Asia, Bisson believes, will play an increasingly important role in the global film market. While traditional markets in North America and Europe face challenges, Asia remains a bright spot. 'Asia is an increasingly interesting region to look at for striking those partnerships,' he says of future collaborations. The region is not only a crucial market for theatrical releases but also a significant player in first-run TV commissioning. Bisson suggests that the future of both TV and film production will increasingly be shaped by partnerships and financing deals in Asia. Conclusion Guy Bisson's analysis paints a picture of a film industry adapting to a new normal. While streaming continues to grow and dominate the market, traditional models of film production and distribution are being redefined. Major studios are scaling back, focusing on higher-quality projects rather than sheer volume. The independent sector is rising, but financing remains a challenge. Meanwhile, Asia emerges as a critical region for the future of film and TV. For filmmakers, producers, and distributors, the key takeaway from Bisson's insights is clear: adapt to a world where streaming is king, traditional models are fading and global markets, especially in Asia, will drive the future of film production and distribution. In this new era, 'less is more' is not just a trend—it's the new reality of the entertainment industry. Best of Variety New Movies Out Now in Theaters: What to See This Week Grammy Predictions, From Beyoncé to Kendrick Lamar: Who Will Win? Who Should Win? What's Coming to Netflix in February 2025
Yahoo
15-02-2025
- Yahoo
Prosecutor seeks to revoke bail for stabbing suspect after it became political lightning rod
Feb. 14—The Hillsborough County Attorney's Office is seeking to revoke the bail of a man connected to a stabbing outside a Manchester convenience store last week, which prompted outcry after a magistrate released the 25-year-old man without bail. Kyle Bisson of Manchester was arrested on Bridge Street on charges of second-degree assault and two counts of falsifying evidence after the stabbing of a 42-year-old man in front of the Bunny's Convenience store on Elm Street. The two men reportedly did not know each other. Bisson was released on personal recognizance bail by Magistrate Stephanie Johnson after Manchester police argued for preventive detention during a magistrate hearing held Saturday. Bisson was convicted of criminal threatening (domestic violence) in October and was given a 60-day sentence suspended for two years. While police lambasted Johnson's decision, a police prosecutor during the Monday hearing did not seek a modification of the bail, according to court documents. The prosecutor asked for Bisson to arrive at the police station to be formally booked. Manchester Mayor Jay Ruais and Gov. Kelly Ayotte, both Republicans, have criticized Johnson's decision. The Hillsborough County Attorney is John Coughlin, who is also a Republican. Prosecutor Patrick Ives is asking the Superior Court to revoke the prior order of bail and hold Bisson on preventive detention. A hearing is set to be held at 11 a.m. Wednesday. Bisson stabbed the victim nine times with a pocket knife during a fight, and the majority of the wounds came as the man tried to flee, according to the complaint. Bisson later threw the knife in a storm drain and a red winter jacket into a dumpster, according to court documents. Police were called to the scene around 7 p.m., according to a police prosecutor. The alleged victim was brought to Elliot Hospital. Bisson had been stabbed once in the chest during the altercation and called 911. Police say security footage showed the two having "some sort of verbal argument" when the other man, whom documents refer to as "M.P.," punched Bisson in the face. "Then, Bisson makes a whipping downward motion with his right hand, which appeared consistent with someone whipping a folding pocket knife blade out. However, when he does this, he turns around and looks on the ground, as if he had dropped something," the affidavit reads. "He then bends down as if to pick something up and M.P. rushes him. At this point, the two of them are on the ground in a fight, however, they are partially out of view of the camera." Bisson told police that M.P. had called him a derogatory name for Black people, according to the affidavit, and after exchanging words with the man, was punched in the face. Bisson thought he was going "to get beaten to a pulp" and said he acted in self-defense, according to court documents. The alleged victim explained that Bisson "purposely bumped into him." He said after a verbal exchange Bisson came after him in "combat mode." Ruais blasted the bail ruling in a news release and again during his State of the City address Wednesday morning. He urged lawmakers to get a bail reform bill to Ayotte's desk as quickly as possible "and get these people off our streets." "On what planet is it considered acceptable to stab another human being at least nine times, then be released back out onto our streets? This is unconscionable. Our police, our residents and our visitors are put at risk when criminals like this continue to be released, and it has to stop," he said. In a separate release, he also later thanked Ayotte for making bail reform a priority. "Keeping violent and repeat offenders behind bars is the foundation of public safety of our citizens is non-negotiable," he wrote. "We cannot wait for another tragedy like the recent stabbing in Manchester to demonstrate why Bail Reform is needed." Bisson's public defender Ali Rosenblatt did not return and email Friday evening.
