Quebec legal world divided over notaries gaining access to the bench

The Quebec government, after scant debate and without the input or testimony of several major legal actors, has forged ahead in spite of forceful opposition by lawyers’ organizations with a controversial and divisive bill that will allow notaries to be appointed to the bench of provincial courts.

Under the guise of an access to justice bill that will make free mediation mandatory and arbitration automatic for small claims cases, Quebec Justice Minister Simon Jolin-Barrette has amended the Quebec Courts of Justice Act to allow notaries with more than 10 years of experience to be appointed as a Court of Quebec judge, justice of the peace or municipal judge in order to “diversify” the makeup of the magistrature, a line of reasoning that has perplexed a slew of lawyers’ organizations. ”In essence, notaries and lawyers are put on an equal footing,” said Jolin-Barrette at the Quebec National Assembly during the clause-by-clause consideration of Bill 8. “I believe that notaries are as competent as lawyers to become judges. We do not have the luxury of depriving ourselves of all the jurists we have in Quebec.”

But for Martine Valois, author of “Judicial Independence: Keeping Law at a Distance From Politics,” this part of the bill is yet another striking example of the provincial government acting hastily without fully taking into consideration its impact nor the necessary financial and human resources it will require. “The Quebec Justice Minister introduces bills that are drafted in a rush, without asking himself how we are going to implement them,” just as was the case with Bill 92, said Valois, a Université de Montréal law professor. Bill 92, assented in November 2021 with much fanfare, created a new division within the Court of Quebec to deal with conjugal and sexual violence offences but has yet to be implemented.

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Quebec access to justice bill opens door for notaries to sit on provincial court bench

An access to justice bill that will make free mediation mandatory and arbitration automatic for cases under $5,000 took the Quebec legal community by surprise as it also unexpectedly opens the door for notaries to be appointed to the bench of provincial courts.

Bill 8, tabled by the Quebec government this month, aims to curb long delays afflicting small claims courts, implements a simplified and accelerated civil procedure for matters brought before the Court of Quebec with a value of between $15,000 and $75,000, and will compel the provincial Judicial Council to publish an annual report and be audited every five years by the Auditor General, all of which are developments viewed positively by the Quebec Bar.

“We are pleased that several provisions of Bill 8 echo requests made by the Barreau to the Justice Minister on measures that could help facilitate access to justice,” said Catherine Claveau, the bâtonnière of the Barreau du Québec. “The provisions relating to mandatory mediation and arbitration is an excellent avenue to improve access to justice and a concrete way to promote alternative methods of dispute resolution.”

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