The Supreme Court considers it unconstitutional to increase from $ 70,000 to $ 85,000 the maximum value of cases that can be heard by the Court of Quebec, despite the decision to this effect taken by the government of Philippe Couillard in 2016.
The decision, divided, was rendered Wednesday, because judges of the highest court in the country believe that the amount of $ 85,000 is “too high”.
These judges believe that the amendment to the Code of Civil Procedure of Quebec exceeded the limits of article 96 of the Canadian Constitution, that of the superior courts, whose judges are appointed by the federal government.
Thus, they ruled that “the increase in the financial ceiling granted the Court of Quebec the power to hear in an exclusive way too wide a range of legal questions”, is it written in an explanatory note on the page of the decision.
“This consequence […] had the effect of preventing the Superior Court from exercising its right, protected by the Constitution, from ruling on a large number of legal questions that touch on the heart of Quebec private law, ”we explain.
These judges also argued that Quebec had not “been able to prove that the increase in the ceiling facilitated access to justice”.