Cases

SCC Case Information

Summary

33511

Attorney General of Quebec v. Department of Human Resources and Social Development Canada, et al.

(Quebec) (Civil) (By Leave)

Keywords

Constitutional law.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Constitutional law - Division of powers - Conflicting legislation and federal paramountcy - Civil law - Immunity from seizure of support payments - Unemployment insurance - Seizure by garnishment - Request sent by Employment Insurance Commission to Commission de la santé et de la sécurité du travail to seize amounts CSST preparing to pay to claimant indebted to Commission - Whether s. 144 of Act respecting industrial accidents and occupational diseases, R.S.Q., c. A 3.001, constitutionally inapplicable in respect of garnishment under s. 126(4) of Employment Insurance Act, S.C. 1996, c. 23 - Whether s. 144 of Act respecting industrial accidents and occupational diseases, R.S.Q., c. A 3.001, constitutionally inoperative in respect of garnishment under s. 126(4) of Employment Insurance Act, S.C. 1996, c. 23.

The Intervener, Mr. Bruyère, owed money to the Employment Insurance Commission, which learned that he was receiving indemnities from the CSST and asked the CSST to seize part of those indemnities to pay off his debt. Mr. Bruyère applied to the Superior Court for a declaration that his indemnities were unseizable. The Superior Court allowed the declaratory action, declared the indemnities unseizable and ordered the restitution of the seized amounts. The Court of Appeal reversed that decision and declared the section establishing immunity from seizure inoperative.