What is sufficient to raise a question of law in a motion for leave?

Quebec, Canada


The following excerpt is from Protection de la jeunesse — 192090, 2019 QCCA 768 (CanLII):

Moreover, it is insufficient to raise just any question of law. A petitioner, in his or her motion for leave, must show a “sufficient interest to warrant decision on a question of law only / intérêt suffisant à faire décider d’une question de droit seulement”, according to section 115. This reference to a “sufficient interest” is a plain direction that the question should be, as a general rule, one that has a resonance for the administration of justice in youth protection matters beyond the narrow compass of the interests of the parties to the dispute. An analogy may be made, notwithstanding the difference in context, to the requirement for leave as stated in article 291 of the Code of Penal Procedure which requires “sufficient interest in a question of law alone / intérêt suffisant pour faire décider d’une question de droit seulement” as interpreted in, e.g., Morin v. R., 2009 QCCA 109, paras [4] and [5] (per Chamberland, J.A., in chambers).

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