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The Quebec government proposes retroactive legistation Print

images_wolf.jpgOne limit that democratic governments are reluctant to cross is to legislate retroactively, i.e. to pass a law that alters the legal, tax or other effects of an action taken in the past by a citizen in accordance with the rules of the game in force at the time of the action.

The Quebec government is currently holding hearings on whether to introduce a bill that just would cross that limit. Maybe because the people involved are unionized municipal employees most of the media have to date given extensive coverage to the apprehended benefits
to municipal finances of the proposed legislation rather than the retroactive nature of the proposed measures for the impacted individuals .

Is the state of public finances in Quebec  in such bad shape that the government is justified in taking such measures? As a lawyer and as an investor we have serious reservations. The vast majority of retroactive laws are bad. We believe that once a government adopts such measures with respect to one class of citizens, the risk increases that it will adopt retroactive measures, for example, aimed at investors, businesses or other categories of citizens.

 As the great french philosopher Jean Jacques Rousseau once said:

...like ravenous wolves, which, having once tasted human flesh, despise every other food and thenceforth seek only men to devour.
Jean Jacques Rousseau (1754) On the Origin of the Inequality of Mankind, part 2


If you are interested, you can read here (or as a PDF doc.2238) the submission (in french) that we made to the commission of the National Assembly of Quebec that is holding hearings warning of this danger. And if you are concerned about this precedent we encourage you to forward your views to the Prime Minister of Quebec
( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it before it's too late.

 

Last Updated ( Sunday, 07 September 2014 )
 
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