The Québec Court of Appeal has reversed a lower court decision made in November 2023 that ordered McGill University to comply with an agreement made with the Mohawk Mothers earlier that year. This agreement put conditions on how excavation work at the site of the old Royal Victoria Hospital could be conducted. Last week, the Court of Appeal found that in November, the judge “misapprehended the scope of his power to make safeguard orders,” making the order issued by this judge unenforceable. “Under the guise of a case-management measure, he decided the parties’ rights under the agreement and appropriated the power to supervise the application of the agreement without a genuine debate on the merits,” wrote the Court of Appeal.
