Sylvain Poirier, senior partner of Lavery, heads the Quebec health policy and law team. He is also a member of the Labour and employment and Public law groups.
Mr. Poirier’s leadership skills and abilities led him to establish and develop a multidisciplinary, multisectoral Quebec health law team. Health law deals with the legal issues surrounding the organization and smooth functioning of an effective health care and services system.
Mr. Poirier thus acquired an in-depth knowledge of all areas of law related to the health sector:
- Health administration law
- Bioethics and human rights
- Working conditions of executives and general managers in the health care system
- Governance, management, and strategic planning of health and social services institutions
- Contracts and regulations
- Public health issues
- Administrators and officers liability
- Professional and disciplinary law
- Management of scientific research, technology transfer, and commercialization of results
- Civil liability of health and social services institutions
- Access to information
- Custody orders and medical treatment authorizations
A visionary, Mr. Poirier led his previous law firm to develop expertise in the emerging area of health law, gaining recognition as the health law leader of Quebec and Canada. Today, Mr. Poirier represents public and private institutions, professional bodies, and associations of health representatives, professionals, and managers. He has acted for the Association des hôpitaux du Québec and the Association québécoise d’établissements de santé et de services sociaux and now represents SigmaSanté.
An author, Mr. Poirier published Le contrôle de l’exercice de la médecine en milieu hospitalier in 1994. He has also written briefs for those charged with the framing, adoption, and application of laws and regulations adopted by Quebec health care and services authorities. He has also published numerous articles in specialized reviews and a regular newsletter distributed throughout the health system.
As a speaker, Mr. Poirier has delivered numerous training sessions in health law to institutions or groups of institutions, health care managers, and health professionals. He has also given talks as part of the Barreau du Québec’s mandatory continuing education program.
As a jurist, Mr. Poirier has appeared many times before all Quebec courts in both civil and administrative matters. He has also appeared before Quebec’s professional orders and quasi-judicial bodies.
An active member of his community, Mr. Poirier has participated in many fundraising activities for hospital foundations and chaired and contributed to the success of benefits in the health sector.
Holder of a master’s degree in health law, Mr. Poirier has contributed to the advancement of health law in Quebec and was founder and executive secretary of the Société de médecine et de droit du Québec. He is listed in the 2012, 2013, 2014, and 2015 editions of Best Lawyers in Canada as a leading practitioner in the field of health law. Best Lawyers also named him 2014 Lawyer of the Year in health law.
As for labour law, employment law, and public law, Mr. Poirier is active in the following areas:
Representing clients in proceedings under the Quebec Labour Code
- Grievance arbitration
- Individual contracts of employment and labour standards applicable to non-union employees
- Representing clients (mediation and hearings) in complaints filed under the Act Respecting Labour Standards
- Procedures before the courts (civil remedies, injunctions, judicial reviews, etc.)
- Occupational health and safety, including questions related to financing
- Human rights, including representation before the Commission des droits de la personne et des droits de la jeunesse and the Human Rights Tribunal
- Advises clients in matters related to discipline and dismissal
Professional and community activities
- Canadian Bar Association
- Member, Health committee of the Fédération des chambres de commerce du Québec, 2014 –
- Volunteer, Petite Maison des Enfants Soleil (Centre-Sud), 2011 –
- Member, Campaign cabinet of the CSSSS du Coeur-de-l’île Foundation, 2008-2011
- Founder, Société de médecine et de droit du Québec, 1989-2001
Publications and talks
- “Health law – Recent developments (2012-2013)”, Mandatory continuing education program of the Barreau du Québec
- “Monitoring the practice of medicine within institutions – a collective responsibility”, training session, 2012-2013
- “The complaint-handling process and its major stakeholders”, training session, 2011-2012
- “Public-private healthcare partnerships and recent developments”, lecture, Université de Sherbrooke law faculty, 2011
- “Les conflits d'intérêts des cadres, du personnel, des professionnels et l'exclusivité de fonctions des cadres supérieurs des établissements publics de santé et des services sociaux: guide” Montréal, Association des hôpitaux du Québec, 1998, 26 pp.
- “Le contrôle de l'exercice de la médecine en milieu hospitalier”, Sherbrooke: R.D.U.S., 1994
- “L'avortement et la liberté de conscience du médecin”, Les Cahiers de droit, vol. 31, no. 1, 1990, pp. 287-305