28 July 2025

28 July 2025

The Court of Appeal rules in favour of four special clerks and registrars; declares legislative regime unconstitutional for infringing on judicial independence.

On July 15, 2025, the Quebec Court of Appeal ruled in favour of IMK's clients, four special clerks and registrars of the Superior Court, who challenged a set of provincial legislative provisions that violated constitutional principles of judicial independence (Attorney General of Quebec v. Petrishki, 2025 QCCA 893). The issue on appeal was the scope of the constitutional protection required for special clerks and the creation of an independent committee for determining their remuneration. The Quebec Court of Appeal upheld the Superior Court's decision (2023 QCCS 3679), which declared the current regime unconstitutional, and ordered the legislature to undertake legislative reform within the next year. Me François Goyer and Me Vanessa Ntaganda acted for the special clerks in this case.

IMK wishes to congratulate the four special clerks who led this important constitutional challenge to protect the independence of our civil justice system: Me Vasil Petrishki, Me Robert Tremblay-Paquin, Me Charles Lussier and Me Caroline Pelletier.

 

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