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ARTICLE · 14 MAY 2025

When Myths And Stereotypes Mean Inadmissibility: Lawmakers Take Action!

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This article is a modified version of a commentary originally published by Éditions Yvon Blais in May 2025 (EYB2025REP3843).

CanadaLitigation, Mediation & Arbitration
Samuel Gagnon
Samuel Gagnon
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The legislature recently introduced a new section into the Civil Code of Québec that creates a presumption of irrelevance regarding facts that support inappropriate inferences based on myths and stereotypes about sexual and domestic violence. The recent decision in A.C. v. Rozon provides, for the first time, a detailed assessment of the interpretation and scope of this presumption.

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In this high-profile case, the plaintiffs are suing the defendant, alleging sexual assault and harassment during the 1980s and 1990s. A few days before the start of the trial, Article 2858.1 of the Civil Code of Québec came into force. It provides as follows:

2858.1. Where a matter contains allegations of sexual violence or spousal violence, the following facts are presumed to be irrelevant:

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