37034  Barreau du Québec v. Attorney General of Quebec

- and -

Émilio Dumais, Josée Denis, Claude Barrette, Administrative Tribunal of Québec (Que.)

Administrative law – Judicial review – Standard of review

Before the social affairs division of the Administrative Tribunal of Québec (“ATQ”), in proceedings between the Minister of Employment and Social Solidarity (“Minister”) and individuals (the respondents) dealing with the granting of social assistance, the Minister filed motions for review with the ATQ that had been prepared, drawn up, signed and filed by an official of the Ministère de l’Emploi et de la Solidarité sociale. The respondents concerned, who were represented by counsel, filed motions to dismiss those proceedings on the ground that they had not been drawn up by a member of the Barreau du Québec. The Quebec Superior Court allowed the motion for judicial review. The Quebec Court of Appeal allowed the appeal.