A comprehensive legislative reform of the municipal court system recently introduced by the Quebec government has drawn mixed reactions, with the legal community applauding the initiative but equally concerned that it may undermine judicial and institutional independence of municipal courts.
Bill 40, the most significant remodelling of municipal courts in more than two decades, establishes to the surprise of legal observers a management structure for municipal courts that is entirely independent of the Court of Québec; eliminates part-time municipal court judges; and places all municipal judges on an equal footing, allowing them to earn the same salary as current municipal judges who practise on an exclusive basis.
But to the consternation of legal actors, from judges to the Quebec bar, Bill 40 also grants the government, after consultation with the chief municipal judge, the power to designate a co-ordinating judge and determine the term of office. The bill also provides that co-ordinating judges and the chief municipal judge must send a report on their activities at least twice a year to the Quebec justice minister, and it requires the chief municipal judge to “meet the performance targets of municipal courts and consider the needs of municipalities and litigants.”