November 16, 2022
HMK v Ultra Electronics 2022 QCCS 500-36-010389-222
The Remediation Agreement régime under Part XXII.1 of the Criminal Code (s. 715.3 to 715.43) was adopted in 2018 and perhaps for the first time, a court, in this case the Quebec Superior Court, has ruled that the settlement privilege does not in and of itself justify that the hearing for court approval of the remediation agreement (“RA”) be held in camera.
It is in the public interest that the approval process be as transparent as possible. However, since the RA is confidential until it is approved by the court, the judge imposed a temporary publication ban on the approval proceedings until he renders a decision on the RA.