Law in Quebec

News about Quebec legal developments


mediation

  • Quebec legislative proposal to create Unified Family Tribunal panned by experts

    In its latest effort to revamp family law, Quebec introduced a bill that lays the groundwork to establish a unified family court to curb delays, simplify proceedings, and handle the majority of family legal proceedings, with an eye towards eventually stripping Superior Court of family matters, an undertaking family law experts have panned as ill-conceived and riddled with shortcomings as it is currently drafted.

    Bill 91, An Act establishing the Unified Family Tribunal within the Court of Québec, also contentiously introduces mandatory mediation for parents in civil or parental unions, judicial conciliation if mediation fails, and summary hearings to be held on the same day if conciliation efforts are unsuccessful.

    But family law pundits are far from impressed by the proposed legislation as it is weighed down by far too many glaring gaps that have yet to be addressed.

    “It’s a bill where not all the strings are attached — that’s the least that can be said about it,” remarked Michel Tétrault, author of several books on Quebec’s family law regime. Marie Annik Walsh, a Montreal family lawyer with Dunton Rainville and former president of the Quebec Association of Family Lawyers, also is disappointed by the legislative proposal, asserting that the Quebec government “did not think through all of the ramifications.” Law professor Valérie Costanzo, a big proponent of unified family law courts, is left wanting as the “unified family court at the moment is in name only.”

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  • Mediator mandated to resolve issues between Quebec Justice Minister and Chief Justice

    In an unprecedented move in recent history, a former Quebec Appeal Court justice was appointed as a mediator to resolve a dispute between the provincial Minister of Justice and the Court of Quebec Chief Justice over new judicial appointments and new work schedules for provincial court judges, a development viewed as regretful but necessary by legal observers.

    Quebec Justice Minister Simon Jolin-Barrette and Court of Quebec Chief Justice Lucie Rondeau have been at loggerheads in the past year over a slew of issues, ranging from professional and linguistic requirements for judicial candidates to the establishment and implementation of a new domestic and sexual violence specialized court to a reform instituted by the Chief Justice that will curb the number of days that 160 provincial court judges who preside over criminal proceedings will sit — a deadlock that has led to several court battles, all of which were lost by the Quebec government.

    The impasse between Quebec’s leading actors has taken place at a time when the provincial justice system is in dire straits, wilting under the weight of underfinancing and plagued by an acute shortage of court personnel, prompting Quebec Bar president Catherine Claveau to tell me late last year that the “crisis in the justice system has led to a crisis of confidence.” Claveau, alarmed that the conflict between the two protagonists will further undermine public confidence and mask the reasons behind the dismal state of the justice system, called on both to turn to conciliation to find common ground.

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Law in Quebec
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