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Marc-André Boucher, Associate | Labour, Employment & Human Rights

Marc-André Boucher

Associate Fasken
Jurisdiction Québec, 2006
Language(s) French, English
Office(s) Montréal
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Overview

Marc-André practises in the areas of administrative and constitutional law. He has acquired valuable experience in judicial review, state immunity, municipal law, federal and provincial regulatory law, the division of constitutional powers and Charter rights (provincial and federal). He also advises public bodies and certain private companies on access to information, state liability and issues related to investigations and the exercise of public powers in the areas of transportation, telecommunications, financial markets and public contracts.

As such, he intervenes before the courts, including the Superior Court, the Court of Appeal of Québec and the Supreme Court of Canada. He also participated in the Consultation on the Access to Information Act held by the Standing Committee on Access to Information, Privacy and Ethics.  Mtre. Boucher has published a number of articles and a book on the federal access to information law entitled “La Lois sur l’accès à l’information et la protection des renseignements commerciaux en droit fédéral”, published in 2014 by Éditions Yvon Blais, Thomson Reuters. Marc-André has also worked as a research attorney for the Court of Appeal of Québec.

Achievements

Client Work

  • Representation of the Judicial Council of Québec in the context of the Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals, [Case - Conseil de la magistrature du Québec], Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals.
  • Molson Coors in a grievance under the new article 41.1 of the Act Respecting Labour Standards, [Case - Molson Coors Canada], Grievance under new section 41.1 of the Act Respecting Labour Standards (Loi sur les normes du travail). This article states that: "No employer may remunerate an employee at a lower rate of wage than that granted to his other employees performing the same tasks in the same establishment solely be...
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Québec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux (APTS), [Case - Attorney General of Quebec], In 2009, Québec introduced the Act to amend the Pay Equity Act (Act). It set out that every five years an audit had to be done to assess pay equity on a regular basis. It also set out that if there was a wage gap, employees in predominantly female job classes would receive adjustments to wages go...
  • Reference to the Québec Court of Appeal regarding the Court of Québec’s financial jurisdiction threshold, as well as the appellate jurisdiction attributed to it, [Case - Conseil de la magistrature du Québec], The Chief Justices of the Superior Court held that section 35 of the C.C.P., which grants the Court of Québec jurisdiction over civil matters under $85,000, as well as the provisions granting appellate jurisdiction to the Court of Québec, are unconstitutional. According to their opinion, section ...
  • Victory at the Supreme Court for Rogers Communications, [Case - Confidential Client], The Court unanimously allowed Rogers’ appeal against the City of Châteauguay. In this important ruling, which radiocommunications service providers and municipalities across Canada had been eagerly awaiting, the Supreme Court held that the City of Châteauguay’s attempt to determine the location o...
  • The arbitration tribunal rules in favor of the City of Blainville in the context of allegations by the Canadian Union of Public Employees that the city had illegally carried out temporary layoffs of permanent Union employees covered by job security packages, [Case - City of Blainville], This decision is of great importance since it constitutes a first in the history of Québec and will therefore set a legal precedent in Québec.

Career & Education

Education

  • LLD, outstanding mention Université de Montréal
  • LLM Université Laval
  • LLB Université Laval
  • BA UQÀM

Memberships & Affiliations

  • Member, Quebec Bar
  • Member, Canadian Bar Association

Knowledge

  • The expropriation process: Protecting your interests and defending your rights, 9/20/2021
  • Appeals of TAQ Decisions to the Court of Québec Following Vavilov: A New Beginning?, 12/29/2020
  • A Québec Perspective on the “Right to be Forgotten” and the Removal of Personal Information Online, 7/20/2016

Publications

  • Commentaire sur la décision Communauté métropolitaine de Montréal c. Sanimax Lom inc. – Le pouvoir implicite de laCommunauté métropolitaine de Montréal en matière d'obligations environnementales (available in French only), 4/12/2022
  • Commentaire sur l'arrêt Ville de Mont-Saint-Hilaire c. 9193-4463 Québec inc. – La Ville de Mont-Saint-Hilaire a-t-elle illégalement adopté des dispositions réglementaires interdisant de facto la construction résidentielle sur des lots inclus dans son périmètre urbain ? (Available in French only), 2/8/2022
  • A Québec Perspective on the “Right to be Forgotten” and the Removal of Personal Information Online, 10/28/2016

Speaking Engagements

  • C-58, An Act to amend the Access to Information Act and the Privacy Act , 10/24/2018
  • Comments on the Access to Information Act, 4/21/2016
Comments on the Access to Information Act Presented at Consultation regarding the Access to Information Act of Standing Committee on Access to Information, Privacy and Ethics. location location House of Commons (videoconference)

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