The Quebec justice system, in crisis following an acute shortage of court personnel and strained labour relations that has led to walkouts and strikes, may face even more serious judicial delays if the Court of Quebec follows through with plans to have judges of the Criminal Division sit every second day as of this fall.
Court of Quebec Chief Justice Lucie Rondeau informed Quebec Justice Minister Simon Jolin-Barrette earlier this year that 160 provincial court judges who preside over criminal proceedings will curb the amount of days they sit, from two days out of three to one day out of two so that they can spend more time writing judgments and managing cases. The Chief Justice is calling for the appointment of 41 provincial court judges to attenuate judicial delays once the new work scheme is implemented.
The Quebec justice system, buckling under the weight of years of chronic underfinancing, is stricken by such a serious manpower shortage that hardly a day goes by without a trial, a preliminary inquiry or a sentence being delayed or postponed, an untenable situation that could lead to “significant harm” to the public and undermine faith towards judicial institutions, warn top legal officials.
The “catastrophic” situation is exacerbated by tense labour relations with a host of different legal actors and the Quebec government, with legal aid lawyers recently launching half-day strikes, private sector lawyers who take on legal aid mandates now refusing to accept cases dealing with sexual and intimate partner violence, and court clerks launching walkouts that may metamorphose into a strike.
“The situation is at a minimum very troubling,” remarked Catherine Claveau, head of the Quebec Bar. “The system has reached its limits. At the moment, there are very real risks of breakdowns or disruptions of services that could cause significant harm to citizens and generate a great deal of insecurity towards judicial institutions.”
Former Quebec Superior Court Chief Justice Jacques Fournier is just as concerned by the turn of events, asserting that parts of the justice system is in the midst of cracking, a state of affairs that will unlikely improve with an ageing workforce progressively retiring – unless more monies are poured into the justice system.
“It’s very, very worrisome, very worrisome, because it’s not going to get better,” said Justice Fournier, who along with the chief justices of the Court of Quebec and the Quebec Court of Appeal wrote a letter to the Quebec government last year entreating it to boost the salaries of their judicial assistants. “To be satisfied with justice that is delivered in twelve, fifteen or eighteen months is not ideal. In my opinion, justice should be rendered almost in real time. It will take major investments to modernize, but modernizing in terms of access and in terms of speed of execution.”
McGill law professors, hoping to gain greater faculty autonomy while seeking the security of a collective bargaining framework and a collective agreement, are attempting to unionize at the faculty level, a first for professors in the university’s 200-year history.
The Association of McGill Professors of Law (AMPL) petitioned the Quebec Administrative Labour Tribunal to be recognized under the Quebec Labour Code in late November 2021 shortly after the university adopted a controversial COVID-19 vaccination policy, a position that proved to be the “bale of hay that broke the camel’s back,” said Evan Fox-Decent, AMPL’s interim president. A supermajority of the 51 McGill law professors have signed membership cards to allow the AMPL to act as their exclusive bargaining agent. The overwhelming majority of Canadian professors are unionized, with less than a handful not represented by a certified bargaining unit.
“The university is becoming more McGill incorporated than McGill University in recent years,” remarked Fox-Decent, Canada Research Chair in Cosmopolitan Law and Justice. “What really drove the point home to us about how precarious our situation is, was when we were told we were going back to teach in fall, of course we were under a new wave of COVID-19 that was starting up. That was as much as anything what put people on edge and made the majority of the faculty think that we just had to sort of take control over our own house.”
The federal government will have to overhaul its regulatory approach and guidelines over patented drug pricing after the Quebec Court of Appeal found a couple of provisions to be unconstitutional and outside the scope of federal jurisdiction over patents, according to a legal expert.
The Appeal Court ruling, expected to have a significant impact on the pharmaceutical industry in Canada, upheld the constitutionality of the legislative framework of the Patented Medicines Prices Review Board(PMPRB) and it current regulations. In a unanimous decision, the Appeal found that controlling abusive pricing of medicines resulting from a monopoly conferred by a patent has a logical, real and direct connection with federal jurisdiction over patents and does not constitutionally encroach on provincial jurisdiction.
“During these incidents the offender punched the victim in the knees, hit her on the head and on her ears, pushed her, dragged her on the ground, slapped her, bit her, spat in her face, head-butted her, shook her, pulled her hair and grabbed her by the shoulders while threatening to throw her off a balcony. During one incident, he threw various objects at her. During another, he took a knife and threatened to remove the baby she was carrying in her womb.”
The courts are beginning to take a harder line against domestic abuse. Over the past year Quebec Superior Court has awarded damages to victims of spousal abuse. Ontario Superior Court followed suit in late February 2022 after it recognized a new tort in family violence.
So too is the justice system and Quebec government, a movement that gained much traction over the past year, particularly since the beginning of the year.
Everyone was expecting the Quebec government to appeal the decision that ruled that the Quebec justice minister cannot bar bilingualism prerequisites for judicial candidates.
Failing that, legal experts reckoned the provincial government would change the regulation that prevented the justice minister from having a say on how the judiciary determines its professional and linguistic requirements. Even the judge that ruled on the case said there was nothing to prevent the Quebec government from changing the regulation to ensure the justice minister plays a bigger role in the selection process.
But the Quebec government went much further than anyone anticipated. It is using its legislative muscle “to make the necessary changes to ensure that mastery of a language other than the official language is not a systematic obstacle to accessing the position of judge in Quebec.”
The 1969 ZL1 Camaro is a legendary muscle car. It is a beast of a car, raw, powerful and quick, and was actually designed for drag racing, capable of exceeding 500 horsepower. Only 69 were made, and it’s worth a fortune, with collectors paying as much as US$1 million.
Brad Kyle thought he got his hand on one of these rare vintage automobiles, number 48 of 69. In February 2014 the head of Town & Country Chrysler Ltd., a new and used car dealer that occasionally sells exotic sports cars, purchased the car for $395,000 (plus tax) from Rolls-Royce Motor Cars Limité, a Montreal car dealership specializing in the sale of exotic and luxury cars.
“It is a question of jurisdiction between the Quebec and Canadian governments, and we are pursuing the relationship with the Aboriginal communities,” said Quebec Minister of Justice Simon Jolin-Barrette, explaining why the provincial government is seeking leave to appeal before the Supreme Court of Canada.
“It is possible to have a partnership with the Aboriginal communities in order to take charge of youth protection, but this must be done within the division of powers that exists in the Constitution,” added Jolin-Barrette.
The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.
The “bold” decision, a reference case brought by the Attorney General of Québec after it challenged the constitutionality of the federal government’s Indigenous child welfare law, marks the first time a self-government right has been clearly recognized by the courts as a right of all Indigenous peoples in Canada, added aboriginal and constitutional legal experts.
“The Court recognized that Indigenous peoples in Canada have a right to self-government over child and family services recognized and affirmed by section 35 of the Constitution Act, 1982,” said Claire Truesdale, a Vancouver lawyer with JFK Law Corporation who practices Aboriginal, environmental and constitutional law. “This is remarkable.”
A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing.
“It’s a very important decision because it kind of creates a crack in the legislative scheme that we have in Quebec with regards to labour relations,” said Shwan Shaker, a labour and employer senior associate with Borden Ladner Gervais LLP. “It’s kind of opening a breach to allow low level managers to unionize. But it’s important to keep in mind that this is really case-by-case.”