Law in Quebec

News about Quebec legal developments


crisis

  • Quebec justice system in the midst of ‘collapsing, say leading legal actors

    The Quebec justice system is in the midst of “collapsing,” sagging under the weight of underfinancing and bedevilled by a “catastrophic” shortage of court personnel, with more than 20 per cent of employees resigning in a year, prompting leading legal actors to describe the situation as “embarrassing” and even more alarmingly, kindling a public lack of confidence in the province’s justice system.

    The situation has never been so dire, worse than late this spring when a vexed legal community warned the Quebec government that the justice system, mired in a series of crippling labour standoffs that spurred mounting adjournments, was desperately in need of more funds to prop up the justice system. But while tense labour relations with a host of legal actors have subsided since the fall thanks to new collective agreements and a new legal aid accord, legal pundits assert far more has to be done to halt the exodus of courtroom personnel who are leaving in droves because remuneration is simply not competitive.

    “There is a crisis in the justice system that has led to a crisis of confidence,” noted Catherine Claveau, president of the Quebec Bar. “And I, as the president of a professional order whose primary mission is the protection of the public, when the situation of underfunding in particular means that our institutions are undermining the right of citizens to have access to effective and quality justice, well for me, this corresponds to a real crisis.”

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  • Former Quebec Superior Court Chief Justice reflects on challenges posed by pandemic and lack of resources

    After seven years at the helm of Quebec Superior Court, the last two particularly challenging and exhausting, Justice Jacques Fournier has stepped aside and became a supernumerary judge, with the reins being handed to Marie-Anne Paquette, a puisne judge of the Superior Court of Quebec for the district of Montreal.

    In a tenure he described as not “not being a calm river” or not without obstacles, former Chief Justice Fournier began his mandate in 2015 dealing with the introduction of a new Quebec Code of Civil Procedure, a major reform that “needed to be assimilated” as it granted judges broader case management powers and bestowed a greater role to the principle of proportionality, followed by the landmark Jordan ruling and a legal battle with the Court of Quebec over monetary thresholds that wound up before the nation’s highest court, culminating with coming to grips with the “very demanding” pandemic.

    “The decision (to step down) was very difficult, extremely difficult,” the 71-year old Justice Fournier told me. “I am going to miss it. But after seven years, you also have to know when to leave. At some point, it takes its toll without realizing it. I loved it, but there’s more to life than that.”

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  • Legal community concerned about Court of Quebec plans

    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.

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  • Quebec justice system in crisis

    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.”

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Law in Quebec
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