In November 2020, the Supreme Court of Canada rendered a judgment in Quebec (Attorney General) v. Québec Inc. 2020 SCC 32, concluding that legal persons - i.e., corporations or stock companies - are not protected against cruel and unusual treatment or punishment; in this case, a minimum fine of some $30,000 was imposed on a construction company.

In this unanimous decision, in which three opinions were expressed, the purpose and scope of this constitutional right guaranteed in section 12 of the Canadian Charter of Rights and Freedoms were clarified in accordance with the methodology of statutory interpretation, including with respect to norms of public international law. It is on this last point that a substantive disagreement arose between the minority judges (including Justice Abella) and the five judges of the majority, who got the issue back on the right track, as it were. The majority position expressed by Justices Brown and Rowe showed restraint and caution in the use of international normativity in the interpretation and application of domestic law in this country.

In support of their reasoning, the majority referred extensively to the writings of Professor Stéphane Beaulac, counsel at Dentons, who is the author of several doctrinal texts on these questions of interpretation. They refer in particular to the explanation that "a consistently defined methodology of interpretation is a means of promoting the rule of law, notably through legal predictability" [para. 3].

Precisely on issues relating to international law in domestic law, the following comments by Professor Beaulac were endorsed: "the suggestion that domestic courts are bound by international normativity is inconsistent with the constitutional mandate and the function of the judiciary, which is to exercise decision‑making power under the applicable Canadian and Quebec law." [para. 22]. Rather, international law "which is not binding in domestic law," enjoys persuasive authority, the impact of which could possibly "influence the interpretation and application of domestic law by our courts." [para. 22]

This is now the majority position in Canadian case law, according to the Supreme Court of Canada. To read the full decision, click here.

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