On July 16, 2019, the Court of Appeal denied the Autorité des
marchés publics (AMP) leave to appeal a Superior Court
ruling made during the course of proceedings on an application for
judicial review that stayed the AMP’s decision to refuse to
grant a company authorization to contract/subcontract with a public
body.
This will give the Superior Court the opportunity to examine the
following “serious issue”: does the automatic listing
in the Register of enterprises ineligible for public contracts
(REIN) constitute cruel and unusual punishment within the meaning
of section 12 of the Canadian Charter of Rights and
Freedoms (Charter)?
Ruling by the Superior Court during the course of
proceedings
