At the risk of discouraging the “best” candidates from applying for appointment to the judiciary, Quebec’s system of nominating judges should bolster disclosure requirements to enhance transparency and accountability while constraining the discretionary powers of the Minister of Justice by compelling him to select from a short, if not ranked, list of candidates, according to series of comprehensive and wide-ranging recommendations made by experts commissioned by the Bastarache Commission.
Judiciary
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Quebec Court judge castigated by his peers, again
Nearly a year after being castigated by the provincial magistrates’ council for overstepping his boundries by incarcerating a police officer for 45 minutes who ostensibly lacked respect, Quebec Court Judge Claude Provost was reprimanded again by his peers.
The Conseil de la Magistrature, whose mandate includes ensuring compliance with judicial ethics, reproached Judge Provost in a 33-page ruling for behaving as a prosecutor, asking questions in an aggressive tone more fitting of a cross-examination, and failing to be objective.
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A Quebec judge reflecting on challenges they face
At times, judges publicly muse over the challenges they face. In a discourse given a few years ago, Quebec Court of Appeal Justice Allan Hilton reflected on judges and lawyers grappling with the challenges emanating from Quebec’s unique cultural and linguistic make-up.
Here are some excerpts:
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Mental health court launched, though skepticism lingers
In the works for the past two years, the Montreal Municipal Court became the latest jurisdiction in Canada to launch a mental health court even though a coalition of local community organizations sought a moratorium and a study to examine the effectiveness of specialized courts for mentally ill people.
Modelled after the Toronto Mental Health Court, the three-year pilot project has put in place a multidisciplinary team to deal with mentally ill people charged with minor criminal offenses. Based on a therapeutic model of criminal justice that seeks to provide a dignified and compassionate approach to dealing with accused persons afflicted with mental illness or developmental disabilities, the Court sits five days a week during the afternoons.