On October 3, 2024, Quebec’s Minister of Justice presented to the National Assembly the Bill titled Loi visant à contrer le partage sans consentement d’images intimes et à améliorer la protection et le soutien en matière civile des personnes victimes de violence (“Bill 73”). On December 4, the Bill was adopted and officially came into force[1].
Furthermore, Bill 73 introduces changes to several laws, including the Civil Code of Quebec[2], the Labour Code[3] (the “LC”), and the Act to establish the Administrative Labour Tribunal [4] (the “Act”), to establish a presumption of irrelevance of evidence based on myths and prejudices related to sexual and domestic violence.
The presumption represents a codification of certain principles found in Canadian jurisprudence[5]. The new articles introduced by Bill 73 aim to prevent one party’s evidence from being based on myths and stereotypes present among victims of sexual or domestic violence.
Moreover, these myths are still relevant today: as recently as 2024, the Supreme Court of Canada reiterated that the use of evidence based on myths and stereotypes is unacceptable[6].
Amendments to the Labour Code and the Act to establish the Administrative Labour Tribunal
Article 100.9.1 of the LC and article 35.1 of the Act now provide that, despite any contrary evidentiary rules, when it comes to allegations of sexual or domestic violence, certain facts are presumed to be irrelevant, namely:
- Any fact relating to the reputation of the alleged victim of violence;
- Any fact related to the sexual behavior of this person, other than a fact from the proceedings, and invoked to attack their credibility;
- The fact that this person did not request that the actions, practices, words, behaviors, or attitudes cease;
- The fact that this person did not file a complaint or take legal action regarding the violence;
- Any fact related to the delay in reporting the alleged violence, except to demonstrate the existence or absence of a reasonable ground for extending the deadline or for excusing or not excusing a person from the consequences of failing to respect it;
- The fact that this person remained in a relationship with the alleged perpetrator of the violence.
These changes illustrate the legislator’s intention to provide additional support to victims of sexual and domestic violence in judicial proceedings, as well as the importance of the protection that these victims must receive in such a context.
Bill 73 is therefore in line with recent legislative changes made to the Act respecting labour standards[7], the Act respecting industrial accidents and occupational diseases [8], and Act respecting occupational health and safety [9] regarding psychological harassment and sexual violence in the workplace.
For more information on the legislative changes related to psychological harassment and sexual violence in the workplace, you can refer to our article on this topic[10].
[1] Loi visant à contrer le partage sans consentement d’images intimes et à améliorer la protection et le soutien en matière civile des personnes victimes de violence, Bill 73 (adopted – December 4 2024), 1st sess., 43e legis. (Qc)
[2] RLRQ, c. CCQ-1991, art. 2858.1
[3] RLRQ, c. C-27 (C.t.), art.100.9.1
[4] RLRQ, c. T-15.1, art.35.1
[5] MEMORANDUM OF BARREAU DU QUÉBEC, Bill 73, Loi visant à contrer le partage sans consentement d’images intimes et à améliorer la protection et le soutien en matière civile des personnes victimes de violence, October 2024, online : <https://www.barreau.qc.ca/fr/nouvelle/memoires-enonces-positions/projet-loi-73-contrer-partage-sans-consentement-images-intimes/#:~:text=Le%20Barreau%20du%20Qu%C3%A9bec%20a,des%20personnes%20victimes%20de%20violence>
[6] R c. T.W.W., 2024 CSC 19, par. 25
[7] RLRQ, c. N-1.1
[8] RLRQ, c. A-3.001
[9] RLRQ, c. S-2.1
[10] Psychological Harassment in the Workplace: Adoption of Bill 42, https://lorangermarcoux.com/en/knowledge/psychological-harassment-in-the-workplace-adoption-of-bill-42
