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 Justice Minister openly derides provincial Judicial Council

Barely a couple of weeks after a special mediator was appointed to settle a fall-out between the Court of Quebec Chief Justice and the Quebec Justice Minister, the minister openly questioned the integrity of the Quebec Judicial Council.

Justice Minister Simon Jolin-Barrette brazenly derided the provincial Judicial Council (Conseil de la magistrature) at the National Assembly during a clause-by-clause consideration of an access to justice bill, asking members of a parliamentary committee if they “really believe” statements issued in a brief by the Judicial Council.

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Court of Quebec judge absolved by inquiry committee

A Court of Quebec judge under fire for allegedly lending more than $9 million in loans over the past few years has been absolved of any ethical breaches by a five-member panel of the Committee of Inquiry of the Conseil de la magistrature du Québec.

The inquiry committee concluded that Judge Manlio Del Negro, nominated as a Court of Quebec judge on March 2017, did not infringe article 129 of the Quebec Courts of Justice Act nor did he breach the Quebec Judicial Code of Ethics. Under article 129 of the Act, the office of judge is exclusive. In other words, a lawyer appointed judge is legally required to refrain from any activity which is not compatible with his functions, including carrying out – even indirectly — commercial activities.

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Quebec judge may be a step closer to being removed from the bench

A Quebec judge who refused to hear a quarrel between neighbours and emphatically insisted that they negotiate a settlement may be a step closer to being removed from the bench after the Quebec Court of Appeal announced it will launch an inquiry on his conduct following a request by the Quebec Minister of Justice Stephanie Vallée. Continue reading “Quebec judge may be a step closer to being removed from the bench”