The Practice of Law in Canada - c.ymcdn.com · several conferences in criminal law sentencing, criminal law for civil lawyers, ... • Member of the General Council of the Quebec

The Practice of Law in Canada

Speakers:

Hon. Élizabeth Corte

Chief Justice of the Court of Québec

Frederick Carle Frederick Carle, Attorney

Lynne Kassie, Ad. E. Robinson Sheppard Shapiro

Gregory Moore Gregory Moore, Attorney

Gilles Ouimet, Ad. E Member of the National Assembly for Fabre & Official Opposition Critic for Justice

Catherine Pilon Dentons

Bernard Synott Fasken Martineau

FAIRFAX BAR ASSOCIATION

CLE SEMINAR

Any views expressed in these materials are those of

the individual authors and do not necessarily

represent the views of any of the authors’

organizations or of the Fairfax Bar Association. The

materials are for general instructional purposes only

and are not offered for use in lieu of legal research

and analysis by an appropriately qualified attorney.

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Court of Québec

Called to the Bar on January 11, 1974, Élizabeth Corte practised her profession exclusively at the Montreal offices of Legal Aid. At the time of her appointment to the Cour du Québec, she was the assistant director of legal services in criminal and penal affairs. In addition to teaching criminal law at École du Barreau de Montréal since 1986, she has given courses on criminal procedure and evidence at Université de Montréal's École de criminologie. She was also a member of many committees on the administration of justice in criminal matters. Élizabeth Corte is a past member of the Board of Directors of the Société de criminologie du Québec and, until 2009, she was a member of the Advisory Board. Member of the Board of Directors of the Association des avocats de la défense de Montréal since 1993, she was also President of this association from 1996 to 1999. At the time of her appointment, she was Vice-President, since 1997, of the International Criminal Defence Attorneys Association, of which she was also a founding member. During her law practice, she was regularly invited as a guest speaker or expert, notably by the Federation of Law Societies of Canada, within its National Criminal Law Program in 1999 and 2000. On November 15, 2000, she was appointed judge at the Court of Québec's criminal and penal division. Then, in October 2005, she was named associate coordinating judge of that same division, in Montréal. On October 21, 2009, the Québec government appointed Élizabeth Corte Chief Judge of the Court of Québec for a 7-year term of office. She is also the President of Québec's judicial council (Conseil de la magistrature du Québec). Responsible for the overall management of the Court, she is moreover the representative and spokesperson in dealing with the government and with the other courts in Québec as well as with all other judicial bodies in Canada. By the concrete actions identified in the Three-year Vision 2012-2013-2014 of the Court of Québec, the Chief Judge seeks to promote an administration of justice based on better access to it. October 2012

The Honourable Élizabeth Corte Chief Judge of the Court of Québec

Biography of Frederick Carle

Frederick Carle graduated from the University of Québec in Montréal and was admitted to the bar in

March 2004. He founded his own firm in October 2008 as a solo practitioner and hired his first full time

associate in May 2011. Since 2004, he has practiced criminal, penal, and disciplinary law mostly on white

collar crime and first-offender defenders. In 2011-12 he was chair of the Young Bar Association of

Montréal that has nearly 5000 members. He was the first to chair the organization graduated from his

university and the second only since 1962 to be a criminal defense lawyer. In 2012-13 he was on the

executive committee of the Quebec Province Bar as well as Secretary of the Montreal Bar. He presented

several conferences in criminal law sentencing, criminal law for civil lawyers, traces left in the criminal

justice system and law firm startups. In 2006-07, he acted as one of the legal counsels for the Federal

Commission of Inquiry investigating on the Air India terrorist attack, and since 2009, has served as co-

counsel to the coroner of the Public Inquiry of the Coroner regarding a teenager killed by a policeman. In

2011, he was one of the co-acting founders of a pro bono program in the Municipal Court of Montréal to

serve citizens in criminal law.

Biography of Greg Moore Greg Moore practices intellectual property litigation and licensing. He graduated from the Faculty of Law at McGill University, where he was an editor of the McGill Law Journal. After law school, Mr. Moore clerked for the Associate Chief Justice of the Federal Court of Canada. He began his career with the federal Department of Justice before moving to private practice. Mr. Moore was called to the Bar in the province of Ontario in 1997 and of Quebec in 2002. Mr. Moore is the First Councillor of the Montreal Bar.

M. le bâtonnier Gilles Ouimet, Ad.E.

Mr. Gilles Ouimet was elected member of the Québec National Assembly on September 4, 2012, for

the Québec Liberal Party in the riding of Fabre (Laval) and is currently the Official Opposition Justice

Critic (spokesperson).

He also serves as Bâtonnier (president) of the Barreau du Québec (2010-2011) and Bâtonnier of

Montreal (2007-2008). Mr. Ouimet was designated as Advocatus Emeritus by the Barreau du Québec

in 2012.

He is a graduate of the Faculty of Law of Université de Montréal (1986) and has been a member of the

Barreau du Québec since 1987.

Mr. Ouimet practiced Criminal Law both as a defense attorney (1987-1993; 1999-2012) and for the

Federal Justice Department (1993-1999), where he acted as Leader of the Tax Prosecution Unit (1995-

1999).

After leaving the Justice Department in 1999, he joined the law firm of Shadley Battista, where he

practiced Criminal Law (fraud and tax evasion cases) and Professional Law (ethics and professional

misconduct) until September 2012.

He is a co-author (with Justice Guy Cournoyer, Quebec Superior Court) of an annual Annotated

Criminal Code, between 2002-2012.

Mr. Ouimet has taught Criminal Law at Université de Montréal (1991-1994, 1998) and McGill

University (1997, 1998) and given numerous lectures on this topic.

1 © 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.

Catherine Pilon Partner

LL.M., LL.B

Partner

Year of Call: 1993 (Quebec)

Office: Montréal

Direct Line: +1 514 878 5814

Email: [email protected]

Catherine Pilon practises mainly in civil and commercial litigation, including product liability and consumer protection. She regularly acts for manufacturers, franchisors, distributors, hypothecary lenders, and real estate owners and developers, as well as banks. She holds a Master’s degree in private law from the Université de Paris I (Panthéon-Sorbonne).

Catherine has expertise in the following fields: civil and commercial litigation (including contractual conflicts and real estate litigation), insurance law, product liability, consumer protection, and extraordinary and emergency procedures (including seizures before judgment, injunctions and class actions).

Catherine joined Dentons Canada LLP in 1997 and became a partner in 2006. She was President of the Montreal Bar Association from 2012 to 2013.

Areas of Focus Practices

• Class Actions

• Litigation and Dispute Resolution

Industry sectors

• Insurance

Education • Université de Montréal, 1992, LL.B

• Université de Paris I (Panthéon-Sorbonne), LL.M. (Private Law), 1996


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© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.

Experience • Represented a railway company in a contestation of an expropriation

• Representing KPMG in the Hollinger/Black class actions in Quebec and Ontario. KPMG was the auditor of the Hollinger group of companies. Revelation of the alleged management fraud has led to multi-jurisdictional litigation and regulatory proceedings

• Representing a manufacturer of video lottery terminals called in warranty by Loto-Québec pursuant to a $700 million class action brought by pathological gamblers against Loto-Québec

• Defeated the certification of a class action against several public bodies concerning allegedly discriminatory conditions of employment

• Defended the shareholders of a corporation against a party seeking injunctive relief for allegedly having entered into an agreement for the purchase of their shares

Recognition In the Media

• Cited in ''Avocates, réveillez-vous!'', Droit Inc.com, February 20, 2013

• Cited in ''La Bâtonnière du Barreau de Montréal, Me Catherine Pilon, de FMC, poursuit le mandat international'', le Monde Juridique, volume 20, numéro 10, January 2013

Insights • “The Quebec National Assembly adopts Bill 9 to amend the Code of Civil Procedure”, article published in the FMC

Focus on Litigation, June 9, 2009

• The judicial cost of tobacco - Comments on the Conseil québécois sur le tabac et la santé v. JTI MacDonald Corp. and Létourneau v. JTI MacDonald Corp. decisions, EYB2005REP357, May 2005

• Comment on Bill 99 concerning anti-SLAPP provisions: “Loi modifiant le Code de procédures civiles pour prévenir l’utilisation abusive des tribunaux et favoriser le respect de la liberté d’expression et la participation des citoyens au débat public”, EYB2009REP790, January 2009 (available in French only)

• “Preliminary steps to certification of a class action: from interlocutory motions to authorization to present relevant evidence”, article published in the Développements récents en recours collectifs, Éditions Yvon Blais, 2007

• Comment concerning Spieser v. Canada (Government) - Certification of a class action and the medical examination of the class representative, EYB2006REP495, June 2006 (available in French only)

• Comment concerning Young v. Noranda inc. - Certification of a class action and the examination on discovery of the class representative, EYB2006REP431, January 2006 (available in French only)


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© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.

Activities and Affiliations • Member of the Quebec Bar

• Member of the Canadian Bar Association

• Member of the International Bar Association

• Member of the Canadian Institute for the Administration of Justice

• Member of The Lord Reading Law Society

Community Involvement and Pro Bono • President of the Montreal Bar Association, 2012-2013

• Member of the Executive Committee of the Quebec Bar, 2011-2013

• Member of the Finance Committee of the Quebec Bar, 2012-2013

• Member of the General Council of the Quebec Bar, 2007-2013

• Member of the Governance and Ethics Committee of the Quebec Bar, 2010-Present; Vice President, 2013-Present

• Member of the board of directors of the Center for Proximate Justice of Greater Montréal, 2011-Present

• President of the Class Actions Section of the Canadian Bar Association – Quebec Division, 2010-2011

Presentations • Les litiges civils potentiels reliés à la dénonciation (whistle-blowing), conference presented for Insight regarding

litigation aspects of whistleblowing, November 24 and 25, 2004

• Notions primordiales sur le litige : les étapes et la rédaction des procédures, conference presented for several Insight training sessions to paralegals concerning civil proceedings

• Lecturer for the Canadian Bar Association and the Québec Bar in class action matters

Bernard Synnott

Partner, Fasken Martineau, Montréal

After having been President of the Bar of Montréal from 2004 to 2005, Bernard Synnott is now Vice-President of the Québec Bar (2013-2014), and will become President of the Québec Bar. Bernard is an accomplished trial lawyer with over 25 years of experience. He has turned his extensive knowledge to account representing clients from the public and private sectors before ordinary courts and administrative tribunals. However, Bernard Synnott's expertise extends far beyond the courtroom. He regularly advises his clients in fields specifically related to labour and employment law and helps them develop strategies to steer clear of often onerous conflict situations. Over the last ten years, his efficiency and business acumen have allowed him to play a more strategic role in managing crisis situations in the workplace. As a front-line strategic advisor in conflict situations, he is forthright in expressing his opinions and providing leadership in the cases he handles. Mtre Synnott is well known to members of the Montréal bench and bar and has gained the esteem of his colleagues and the respect of the decision-makers before whom he pleads. In 1998, on the recommendation of the Québec Bar, he was appointed to the federal judicial affairs advisory committee by Canada's Minister of Justice, a position he held until 2003. This committee is responsible for evaluating candidates to the Court of Appeal of Québec, the Superior Court, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada. He was a professor at the École du Barreau du Québec from 1996 to 2001, where he taught such topics as administrative law and civil procedure. He also chaired the board of directors of the École du Barreau du Québec from 2001 to 2003. Besides teaching at the École du Barreau du Québec, Bernard Synnott has spoken at a number of colloquiums on various subjects related to employment law. As part of professional development days organized by the firm, he recently delivered a presentation on fraud in the workplace. He has also participated in conferences on the duty to accommodate. Membership/Affiliations

Vice President of the Québec Bar (since 2013) Bâtonnier of the Bar of Montreal (2004-2005) Member of the Financial Committee of the Québec Bar (2004-2005) Member of the Administrative Committee of the Québec Bar (2003-2005) Member of the Applications Committee of the Québec Bar (2003- 2005) Member of the General Council of the Québec Bar (2003-2005 and 1996-1997) First Councillor of the Bar of Montréal (2003-2004) Secretary of the Bar of Montréal (1996-1997)

http://www.fasken.com/en/montreal

OVERVIEW OF THE PRESENTATION OF CHIEF JUDGE ÉLIZABETH CORTE OCTOBER 4, 2013

1. Overview of the Canadian Judicial System

a) Supreme Court

b) Court of appeal

c) Superior Court

d) Court of Québec

Composition

Divisions / Jurisdiction

-Civil Division (Regular; Administrative and Appeal and Small Claims Divisions)

-Youth Division

-Criminal and Penal Division -Presiding Justices of the Peace

e) Human Rights Tribunal

f) The Professions Tribunal

g) Municipal Courts

2. Judicial Selection

Regulation respecting the selection procedure of candidates for the office of judge of the Court of Québec, municipal court judge and presiding justice of the peace (April 2012)

Selection committee

Selection criteria 3. Conseil de la magistrature du Québec (Judicial Council)

Composition

Mandate

Summary of the presentation of Ms. Johanne Brodeur President of the Barreau du Québec

How Does One Become a Lawyer in Quebec A. Process of becoming a Lawyer http://www.barreau.qc.ca/en/devenir-avocat/

Steps to become a lawyer:

- College - General training (2 years) in the program of your choice - University – Law Faculty - Theoretical training (3 years) - École du Barreau – Professional training and practice (4 or 8 months) - Work placement – training in the workplace (6 months) - Swearing in as member of the Bar - Access to the profession - Mandatory Continuing Education (30 hours of approved training every two-year compliance period)

B. Structure of the Bar Association http://www.barreau.qc.ca/en/barreau/organisation/index.html

- Political structure - Administrative structure

http://www.barreau.qc.ca/en/devenir-avocat/

http://www.barreau.qc.ca/en/barreau/organisation/index.html

Overview of Criminal, Penal and Disciplinary Law – Frederick Carle

1) Origins and basics of Canadian Criminal law

a. Origin

i. British

ii. Federal only

iii. Charter of rights

1. Burden of proof

2. Right to silence

3. Right to a lawyer

b. Types of offenses

i. Summary convictions vs Misdemeanors

ii. Indictable offense

1. Preliminary Hearings vs Grand Jury

c. Process for a file to open

i. Police investigate

ii. Prosecution authorize a complaint

iii. Approved by a justice of peace

iv. Sent to courts

d. Sentencing

i. Criminal records

ii. Types of penalties

iii. Mandatory minimums

e. Victims place in the system

2) Description of penal law

a. Federal

i. Could create a criminal record depending on how it’s written

b. Provincial

i. No criminal record possible

c. Municipal

i. No criminal record possible

3) Disciplinary Law

a. Professional order set by provincial law

b. Bureau

4) Other differences between USA and Canada in this criminal/penal/disciplinary justice

system

OVERVIEW OF CANADIAN FAMILY LAW

Me Lynne Kassie, Ad. E. Robinson Sheppard Shapiro

October 4th, 2013 I) Marriage in Canada:

• Recent developments;

II) Civil law of each province governs marriage and matrimonial regimes:

• Civil concept –vs- common law concept of matrimonial regimes;

• Civil law –vs- common law regarding partition of assets upon termination of marriage;

III) Federal Divorce Act:

• Governs divorces throughout Canada;

• Criteria for support and maintenance;

IV) Common law marriage in Canada and Quebec:

• Specific legislation governing cohabiting couples;

• Eric –vs- Lola – the Quebec approach;

V) Custody:

• Best interests of children;

• No distinction between married and cohabiting couples;

4355596_1|NATDOCS

OVERVIEW OF CIVIL AND COMMERCIAL LITIGATION IN QUEBEC

Presentation to the Fairfax Bar Association 2013 Convention

By Catherine Pilon, Past President of the Bar of Montreal

A. Quebec Civil Law within the Canadian Federal system

(i) The Civil Code of Quebec

(ii) The Code of Civil Procedure

B. Civil Law in Quebec

The Civil Code of Quebec

(i) Historical background

(ii) Legal areas covered by the Civil Code of Quebec

C. Civil Procedure in Quebec

The Code of Civil Procedure

(i) The discovery phase

(ii) Trial and evidence

(iii) The upcoming reform of the Code of Civil Procedure

D. Differences between civil and commercial litigation in Quebec and in the rest of Canada

E. Current trends

THE PRACTICE OF LAW IN CANADA

Fairfax Bar Association 2013 Convention

Montreal, Canada

Overview of Canadian Intellectual Property Law

Greg Moore, Joli-Coeur Lacasse, LLP

Vice-president of the Montreal Bar

Introduction

- Montreal is a center of innovation and creativity in Canada

A. Legislation

Patent Act

- Cross-border developments: patenting human genes, reverse payment

settlements, first to file

Trade-marks Act

- Rights derive from use of a trade-mark

- Canada-wide protection against infringement and risk of confusion

Copyright Act

- 2012 amendments to the Copyright Act

- 5 recent cases from the Supreme Court of Canada on copyright in the

digital age (technological neutrality, streaming vs. downloading)

B. Litigation

Federal Court

- Experienced Bench; national enforcement of judgements; bilingual

Provincial Superior Courts

- Increasingly resorted to as IP issues arise in regional contexts

C. Licensing of intellectual property rights

- Contract law governed by the civil law in Quebec, the common law in

the other provinces

- Grant rights to make, use, sell, distribute, copy

- Determine territory, application, duration

Conclusion

- As innovation spreads throughout the economy, so does awareness of

intellectual property rights and the value of protecting them

This publication was written and produced by the Office of the Chief Judge of the Court of Québec, 300 boulevard Jean‐Lesage, Suite 5.15 Québec City, Québec G1K 8K6 Telephone: 418‐649‐3424

A limited number of copies of this publication were printed. An electronic version is available on the Court’s website (www.tribunaux.qc.ca). To order this publication, contact the Office of the Chief Judge of the Court of Québec at one of the following numbers: Telephone: 418‐649‐3591 Fax: 418‐643‐8432

© Court of Québec, 2012 Legal deposit – Bibliothèque nationale du Québec, 2012 National Library of Canada ISBN: 978‐2‐550‐65209‐0 (print) ISBN: 978‐2‐550‐65210‐6 (pdf)

TThhee CCoouurrtt ooff QQuuéébbeecc

Message from the Chief Judge

Every organization or institution that actively pursues openness and excellence

must take a look at its accomplishments from time to time as well as imagine—

on the basis of shared values—what it aspires to be so that it can stay in tune

with the society it serves.

The purpose of this three‐year vision statement of the Court of Québec 2012‐

2013‐2014 is precisely that: to identify the measures the Court of Québec

intends to take during this period to help improve access to justice.

Élizabeth Corte Chief Judge Court of Québec

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The Court of Québec seeks to be recognized as the

court whose judges and presiding justices of the

peace stand out for their sense of belonging and

their dedication to administering justice that is

respectful of all citizens.

Our Vision

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A court that is defined by its judges A court that is built on its judges’ competence, integrity, probity and humanity

A court that adapts to citizens’ needs A court that responds to citizens’ needs within targeted time frames

A court that innovates A court that promotes case management, appropriate dispute settlement methods, and the use of various means of communication

A dynamic court A court that provides leadership and advocates dialogue, cooperation, and involvement with partners from the legal and judicial community

Our Values

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A court that is defined by its judges

SELECT ING THE BEST CANDIDATES

Selecting the best candidates for judicial office continues to be an important priority.

Share acquired expertise with the competent authorities and

see that legislative and regulatory provisions help ensure that the best candidates are selected

Provide selection committee members with advanced

training, in accordance with the regulations in effect

MENTORING

The Court sponsors a mentorship program that helps judges, particularly newly appointed ones, acquire the relevant skills for the position.

Set up a committee of judges to oversee all mentorship‐related activities

Design and implement a mentor training program in 2012–2013

JUDIC IAL EDUCAT ION The Court has a judicial education policy and remains committed to offering seminars to meet judges’ needs.

Develop a program of continuing education that aims to expand knowledge, develop skills, and advance the role of judges

Examine new educational methods and how to make better

use of communication methods

Revise the Judicial Education policy to consolidate gains and ensure that activities effectively contribute to the excellence of the judiciary

Taking

concrete

action

Concrete

actions

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PERSONAL INVOLVEMENT OF JUDGES The involvement of each judge in the Court’s activities is essential to its vitality.

Promote judges’ participation in Court committees, including training and development committees

Encourage judges’ collaboration with initiatives and programs

set up by the Court and partners from the justice community

Work closely with the permanent advisory committees

Maintain the advisory committee on civil and administrative justice and ensure it functions properly

Set up advisory committees on youth, criminal and

penal, and aboriginal matters to recommend concrete measures and legislative amendments in view of optimizing the conduct of hearings

THE ADMINISTRAT IVE AND APPEAL DIV IS ION The Court created a specialized division to respond to needs in this area of law.

Take stock of the experience acquired by the Division since its creation and identify priorities to strengthen its foundations and clarify its objectives

Provide Division judges with the support they need to perform

their duties in a spirit of cohesion and collegiality


Concrete

actions

Concrete

actions

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LEGAL SUPPORT The Court provides judges with a research department staffed by lawyers whose role is to support the judges, mainly in cases that have been assigned to them.

Meet emerging needs in legal and social‐legal areas

Help design and update guides on various areas of daily practice law

ADMINISTRAT IVE SUPPORT Competent judge's assistants play an essential role in helping judges perform their duties and ensuring that hearings are conducted properly.

Set up a working committee charged with orienting and training judge's assistants and maintaining the skills they need to perform their duties

Ensure sufficient support staff for judges and identify

increasingly specialized needs, particularly in matters of case management

Ensure necessary support staff for coordinating judges and

associate coordinating judges in the performance of their administrative duties

Concrete

actions

Concrete

actions

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A court that adapts to citizens’ needs

JUST ICE ADMINISTERED WITHIN TARGETED TIME FRAMES The Court seeks to promote access to justice and directs its actions to help ensure justice is rendered within targeted time frames.

Maintain a balance between the volume of activity and the number of judges in each coordination region

Provide judges in management positions the tools they need to perform their duties

JUST ICE IN ABORIG INAL COMMUNIT IES The Court seeks to play a concrete role in improving justice in the various aboriginal communities

Help implement the recommendations contained in the report entitled La justice en milieu autochtone : vers une plus grande synergie, and, more specifically, help develop resources such as justice committees, community integration agents and paralegal advisors

Ensure judges perform their duties in the best possible conditions with respect to material organization of the premises and the transportation and safety of individuals

Coordinate actions aimed at improving the services provided

by the Court in aboriginal communities; to this end, encourage judges to enrich their knowledge of aboriginal realities

Adopt operating procedures and rules of court that are

adapted to the specifics of aboriginal communities

Concrete

actions

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Concrete

actions


THERAPEUT IC JUST ICE

The Court embraces the underlying objectives and principles of therapeutic justice and encourages the use of therapeutic justice whenever it is realistic to do so, in light of all circumstances. Domestic violence

Ensure domestic violence cases continue to receive individualized treatment, particularly at the Montréal Criminal and Penal Division

Assess the possibility of using a similar approach for citizens in

all regions Mental health and homelessness

Inventory, assess, and promote concrete measures identified in reports produced by various stakeholders working in these areas

Drug addiction

Set up a pilot drug treatment program at the Montréal Criminal and Penal Division to provide structured treatment, subject to court supervision, with the support of community services

Provide citizens in all regions access to a drug treatment

program that takes regional differences and resource availability into account

Concrete

actions

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A court that innovates

CASE MANAGEMENT AND APPROPR IATE DISPUTE SETTLEMENT

METHODS

The Court takes steps to increase access to justice. It implements innovative and alternative measures in the Civil, Youth, and Criminal and Penal Divisions to facilitate more efficient administration of justice. Civil and administrative matters

Monitor conciliation and case management projects in the judicial districts of Chicoutimi, Hull, Longueuil and Terrebonne and assess the advisability of implementing these measures elsewhere in Québec

When appropriate, employ any means of communication likely to reduce travel by the parties and attorneys

Promote the use of settlement conferences when the parties

agree to such

Make it possible to consult practice and case merits roles online, and when appropriate, set up an online hearing date reservation service for civil matters

In outlying districts, make judges available upon request when

the parties are ready to proceed on the merits

Criminal and penal matters

Optimize the use of case management judges in accordance with the Act to amend the Criminal Code (mega‐trials) – S.C. 2011, c. 16

Promote case management when preliminary inquiry requests

are filed and make the necessary representations to ensure that the powers of the trial judge are also conferred on the justice of the peace presiding over the preliminary inquiry

Follow up on the report of the Comité sur la révision du

processus en matière criminelle

Concrete

actions

Concrete

actions

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Youth matters

Monitor the Montréal case management pilot project regarding adoption and child protection and assess the advisability of introducing it elsewhere in Québec

Promote the introduction of judicial conciliation for youth matters in all judicial districts in Québec

A SPEC IAL “ONE FAMILY , ONE JUDGE” APPROACH

Assess the advisability of implementing a pilot project allowing the same judge to hear child protection and criminal cases involving the same parties

COMMUNICAT ION METHODS AND INFORMAT ION TECHNOLOGY

The Court encourages the use of communication methods and technology tools that promote access to justice. It is involved with Université de Montréal’s Cyberjustice Laboratory project as well as the various working groups that are active in this area.

Assist Ministère de la Justice in its efforts to introduce an

integrated justice information system

Revamp the judiciary’s intranet infrastructure to facilitate access to the various databases and Court‐produced legal documentation

Participate in the information security committee’s (COMSI)

efforts to maintain a high level of security for the judiciary’s information assets


Concrete

actions

Concrete

actions

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COURT REGULAT ION In the wake of legislative amendments—notably to the Code of Civil Procedure and the Criminal Code—the Regulation of the Court of Québec will be re‐examined.

Update the regulation

Create a permanent process for reviewing the regulation

MUNIC IPAL JUDGES The Court of Québec’s associate chief judge responsible for the municipal courts oversees the municipal courts. The municipal judges come under his authority.

Design an efficient system to manage the assignments of judges who sit in court

Develop solutions in response to the decrease in the number

of municipal judges who sit in court

Facilitate access to legal documentation

Develop training and development partnerships as well as joint training and development programs with judges from other jurisdictions

Concrete

actions

Concrete

actions

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A dynamic court

OUTREACH Court of Québec judges are active in various provincial, national, and even international committees and organizations with a view to maintaining a constructive dialogue with lawyers and judges from other jurisdictions and sharing their expertise.

Actively participate in working sessions with the Québec Bar,

local bar associations, Association des avocats et avocates de province (AAP) and the Canadian Bar Association (CBA)

Take part in round tables and liaison activities in all regions of

Québec

Step up cooperation with university law faculties in Québec and at the University of Ottawa

Pursue the ongoing dialogue with École nationale de la

magistrature de France (ENM)

Maintain the Court’s involvement in judges associations, both nationally and internationally

COMMUNICAT IONS The Court is committed to the quality of its communications.

Review the Court’s methods of communication with the media, those appearing in court, and the general public

Update existing Court documents in light of new media

February 7, 2012

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Concrete

actions

Concrete

actions

Court of QuébeCPubliC rePort 2012

Court of QuébeC | PubliC rePort 2012

MeSSAGe froM tHe CHief JuDGe

PreSeNtAtioN of tHe Court of QuébeC

CoMPoSitioN

Judges in Management Positions

Judges

Presiding Justices of the Peace

Per Diem Judges

JuriSDiCtioN

Civil Division

Criminal and Penal Division

Youth Division

tHe Court of QuébeC:

PreSeNt tHrouGHout tHe ProViNCe

Area covered

Court of Québec Judges by region

regions

ADMiNiStrAtioN of tHe Court

Court CoMMitteeS

tHree-YeAr ViSioN 2012–2013–2014

ViSioN

VAlueS




A dynamic court

SPeCiAliZeD CourtS

Human rights tribunal

Professions tribunal

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4 Court of QuébeC | PubliC rePort 2012

MeSSAGe froM tHe CHief JuDGe

once again this year, it is my pleasure to present a public report1 on the

Court of Québec’s main activities in 2012 in all regions of Québec and

in each of its three divisions.

last year, i made note of the positive response from Québec’s Ministère

de la Justice to the Court’s many submissions concerning the urgent

need to increase its resources. i am therefore delighted with the Courts

of Justice Act amendments that came into effect on April 5, 2012, bringing

the number of judges at the Court of Québec from 270 to 290 and the

number of associate coordinating judges from 8 to 12. in addition,

the Court now benefits from the contribution of 36 presiding justices

of the peace, which is 3 more than last year.

the new Regulation respecting the selection procedure of candidates for the

office of judge of the Court of Québec, municipal court judge and presiding

justice of the peace came into effect on January 28, 2012. implementation

of the regulation gave rise to an unprecedented burst of activity at the

court: 38 judge positions were opened with the publication of 5 notices

of selection in the Journal du barreau, 18 selection committees have been

formed to date, and over 600 candidates have been interviewed by members

of these committees.

i would especially like to acknowledge the extraordinary work accomplished

by the senior associate chief judge and associate chief judges, who presided

over these committees and travelled all over Québec to meet the candidates.

this exceptional effort will culminate in 2013 when the last positions

are filled.

establishing and filling these new positions is clearly a step toward

our goal of administering justice within target time frames.

the Court of Québec’s desire to be recognized as a court that adapts

to citizens’ needs is one of the four fundamental values of the three-year

Vision adopted by the Court this year. the 2012 public report provides

a snapshot of the initiatives that have already been undertaken

to implement this strategic plan, which comprises concrete actions

aimed at improving access to justice. Among other accomplishments,

1 this is the abridged version of the Court of Québec Public Report 2012. the unabridged version of the report is available in french only on the Court’s website at http://www.tribunaux.qc.ca/mjq_en/c-quebec/index-cq.html. the abridged version is available in both official languages.

5PubliC rePort 2012 | Court of QuébeC

i am very proud of the establishment of the small claims issue table

and the court-supervised drug treatment program in Montréal. i would

also like to highlight the work of the committees tasked with analyzing

amendments to civil procedure, adoption, and youth protection legislation

currently under consideration.

All judges were encouraged to contribute to this collective effort to improve

access to justice at the Court of Québec annual meeting, which is held

as part of the annual judges’ conference. this year’s conference kicked

off under the highly apropos theme “Sur les pistes de l’excellence” to help

participants think about how we can excel and improve.

As you will see in reading this report, 2012 was a very active year for the

Court in many regards. 2013 is shaping up to be just as busy — and in all

likelihood even busier since it marks the 25th anniversary of the creation

of the Court of Québec. this turning point in the life of our judicial

institution will be an opportunity to take a look at our accomplishments,

of course, but also a time to reflect further on the initiatives the Court

of Québec should pursue and the actions it should take to stay in touch

with the society it serves.

élizabeth Corte

Chief Judge


PreSeNtAtioN of tHe Court of QuébeCAs of December 31st, 2012, the Court of Québec consisted of :• 3 divisions: civil, criminal and penal, and youth• 1 chief judge• 1 senior associate chief judge• 4 associate chief judges• 1 associate chief judge (from the 4 mentioned above) responsible for municipal courts• 10 coordinating regions• 10 coordinating judges• 11 associate coordinating judges in office out of a possible 12• 268 judges in office out of a possible 290• 36 presiding justices of the peace• 1 justice responsible for presiding justices of the peace

executive Assistant to Chief Judge

Me Annie-Claude Bergeron

Judge responsible for the Administrative and Appeal Division

Gilles Lareau

AdministrationDirector

Me Anne Bélanger

Coordinating Judge Mauricie–bois-francs–

Centre-du-Québec

Dominique Slater

Associate Coordinating Judge Civil Division

Michel A. Pinsonnault

Coordinating Judge Montréal

Denis Saulnier

Associate Coordinating Judge Criminal

and Penal Division

Pierre E. Labelle

AssociateCoordinating Judge

Youth Division

Ann-Marie Jones


and Penal Division

Ellen Paré

AssociateCoordinating Judge

Youth Division

Robert Proulx

Coordinating Judge Abitibi-témiscamingue–

Nord-du-Québec

Daniel Bédard

Coordinating Judge Montérégie

Micheline Laliberté

Coordinating Judge Saguenay–lac-Saint-Jean

Pierre Lortie

Administration Secretariat

Professional Development Secretariat

researchDepartment

Management SupportWebmaster

Judge responsible for Professional Development

Marie Michelle Lavigne

Judge responsible for the international Component

Claude C. Boulanger

orGANiZAtioN CHArt As of December 31, 2012

Chief Judge

Élizabeth Corte

responsible Presiding Justice of the Peace

Réna Émond

Senior Associate Chief Judge and Judge responsible for Presiding Justices

of the Peace

Mario Tremblay

Associate Chief JudgeCivil Division

Pierre E. Audet

Associate Chief JudgeCriminal and Penal

Division

Danielle Côté

Associate Chief JudgeYouth Division

Claude C. Boulanger

Associate Chief Judge responsible

for municipal courts

André Perreault


and Penal Division

François Landry


Charles G. Grenier


and Penal Division

Chantale Pelletier

Associate Coordinating Judge Youth Division

Lucie Rondeau

Associate Coordinating Judge

François Boisjoli


Jean-Pierre Archambault

Coordinating Judge laval–laurentides– lanaudière–labelle

Michèle Toupin

Coordinating Judgeestrie

Alain Désy

Coordinating Judge(intérim) Québec–

Chaudière-Appalaches

Charles G. Grenier

Coordinating Judgeoutaouais

Lynne Landry

Coordinating Judgebas-Saint-laurent–

Côte-Nord–Gaspésie– Îles-de-la-Madeleine

Jean-Paul Decoste



CoMPoSitioN

Judges in Management Positionsthe Court of Québec is composed of a maximum of 290 judges and 36 presiding justices of the peace. it has a management structure that supports the judges in the performance of their duties and functions. to this end, the Courts of Justice Act provides for the positions of chief judge, senior associate chief judge, associate chief judges, coordinating judges, and associate coordinating judges. they are all appointed from among Court of Québec judges. the chief judge, senior associate chief judge, and associate chief judges are also members of Québec’s Judicial Council (Conseil de la magistrature)2.

Chief Judgethe chief judge manages the Court. She is also tasked with ensuring that the general policies of the Court are applied in judicial matters; coordinating, apportioning and supervising the work of the judges; promoting their professional development; and ensuring compliance with the Judicial Code of ethics. She is also the chair of the Judicial Council.

the chief judge is supported in her work by the team of judges in management positions. in cooperation with all the judges, whom she consults on a regular basis, the chief judge defines the Court’s mission, values, and objectives.

Senior Associate Chief Judgethe senior associate chief judge assists and advises the chief judge in the performance of her duties and functions. He oversees compliance with the Court’s policies as well as scheduling. the senior associate chief judge chairs or sits on numerous committees, including those whose objective is to support court activities in the areas of technology, safety, and ethics. He conducts a periodic assessment of regional staffing needs and assignments and oversees application of the per diem judge program. the senior associate chief judge is also responsible for application of the judge mobility program and issues related to judges’ safety. in addition, he oversees the presiding justices of the peace.

toP row, froM left to rigHt

Claude C. BoulangerAssociate Chief Judge for Youth Division

Pierre E. AudetAssociate Chief Judge for Civil Division

André PerreaultAssociate Chief Judge responsible for municipal courts

bottoM row, froM left to rigHt

Mario TremblaySenior Associate Chief Judge

Élizabeth Corte Chief Judge

Danielle CôtéAssociate Chief Judge for Criminal and Penal Division

2 to learn more about Conseil de la magistrature, please visit the Conseil website at http://www.conseildelamagistrature.qc.ca/index.php?langue=en.


Associate Chief Judgesthe four associate chief judges of the Court of Québec are appointed by the government, after consultation with the chief judge.

one of their duties is to advise the chief judge in matters that are within the jurisdiction of the division for which they are responsible. they help reach the Court’s objectives and establish Court priorities and policies by recommending ways to improve its operations. they are responsible for chairing committees formed to select candidates for the position of judge.

the associate chief judge responsible for municipal courts is in charge of managing these courts. in this capacity, he performs the duties and functions conferred under the Act Respecting Municipal Courts. He further ensures that judicial ethics are observed and promotes the professional development of municipal judges.

Coordinating Judges and Associate Coordinating Judgeswith the government’s approval, the chief judge designates a coordinating judge from among the Court’s judges for each of the Court’s ten coordinating regions. the chief judge may designate a maximum of twelve associate coordinating judges when circumstances dictate. under the chief judge’s authority, coordinating and associate coordinating judges are in charge of administering the Court in their respective regions. they help develop the Court’s priorities, policies, and practices, based in part on regional judges’ expertise and the specific needs of their region.

Coordinating and associate coordinating judges are tasked with welcoming new judges. they are also responsible for regional professional development programs and the judge mobility program in their respective regions.

Chief Judge, Senior Associate Chief Judge, Associate Chief Judges, Coordinating Judges, Associate Coordinating Judges, Me Anne bélanger and Me Annie-Claude bergeron.


Judgeson December 31, 2012, the Court had 268 judges out of a possible 290, of which 106 were women and 162, men. the tables below indicate the number of judges by years of seniority and by age.

Court of Québec Judges by Seniority on December 31, 2012

under 5 years 80 30%

5 to 9 years 72 27%

10 to 15 years 38 14%

over 15 years 78 29%

Total 2683 100%

Court of Québec Judges by Age on December 31, 2012

under 50 49 18%

50 to 59 115 43%

60 to 70 104 39%

Total 268 100%

Presiding Justices of the PeacePresiding justices of the peace serve in the Criminal and Penal Division throughout Québec. in these matters, they are the first judicial officials involved, issuing all types of judicial authorizations, 24 hours a day, 365 days a year. they also preside over appearances by telephone every weekend and on holidays that fall on a Monday or friday. in addition, presiding justices of the peace sit in all courthouses and points of service to hear cases relating to Québec legislation and a variety of federal statutes.

the Courts of Justice Act was amended in 2012 to create a position of justice responsible for presiding justices of the peace.

Presiding Justices of the Peace by Gender on December 31, 2012

Men 18 50%

women 18 50%

Total 36 100%

Presiding Justices of the Peace by Age on December 31, 2012

under 50 19 53%

50 to 59 9 25%

60 to 70 8 22%

Total 36 100%

3 there were twenty-two vacancies on the bench.


Per Diem JudgesSince 2002, the Court has managed expenditures relating to judges’ salaries and compensation under an administrative agreement with Ministère de la Justice, which is renewed each year. under the terms of this agreement, amounts that are not paid out in compensation when judges retire or take long-term sick leave are available to compensate per diem judges.

JuriSDiCtioN

Court of Québec judges hear and decide cases involving civil, administrative and appeal, criminal and penal, and youth matters. Some judges hear cases involving only one of these matters, while others — particularly in the regions — hear cases in more than one division or area. these judges’ specialization and versatility help the Court respond to regional realities and meet all parties’ needs more effectively.

Civil DivisionRegular Divisionthe Court’s judges have jurisdiction, within the limits prescribed by law, over civil actions initiated under the Code of Civil Procedure or any other statute. the judges have authority to hear claims where the monetary value or interest of the matter in dispute is under $70,000, except support payment claims, claims related to residential leases (which come under the régie du logement’s jurisdiction), and claims reserved for the federal Court of Canada.

Judicial conciliation has been an integral part of a judge’s duties since 2003. through settlement conferences presided over by a judge, disputes submitted to the Court can be resolved otherwise than by a trial, saving both the parties and the judicial system time and money.

Administrative and Appeal Division (AAD)in 2007, for the sake of uniformity, consistency, and efficiency, the Court of Québec created the Administrative and Appeal Division (AAD) within the Civil Division. the approximately 30 judges assigned to it hear appeals from decisions rendered by a number of tribunals and administrative agencies, including Commission d’accès à l’information, régie du logement, the Administrative tribunal of Québec, the Police ethics Committee, and ethics committees governing professionals in matters of financial products and services distribution and real estate brokerage. Such jurisdiction to hear appeals also applies to Agence du revenu du Québec decisions on taxation and tax recovery.


Small Claims Divisionin the Small Claims Division, judges decide cases involving claims of $7,000 or less payable by an individual or legal entity, company, or association with five or fewer employees during the twelve-month period preceding the claim. legal representation is not permitted, except when special permission is granted in cases where the dispute raises complex questions of law. the written procedure is simplified. the judges explain the rules of evidence and procedure to the parties. they direct the proceedings, question witnesses, hear the parties, and decide the issues in dispute as well as the applicable rules of law. they provide each party with fair and impartial assistance, so as to render effective the substantive law and ensure that it is carried out. when circumstances allow, the judges endeavour to bring the parties to an agreement. the judgment rendered is a reasoned decision and cannot be appealed.

Criminal and Penal Divisionthe vast majority of criminal and penal cases is heard by Court of Québec judges since the only jurisdiction they do not exercise concerns certain offences restricted to the Superior Court (for example, murder trials).

the Courts of Justice Act states that the Court’s judges have jurisdiction, within the limits prescribed by law, over proceedings under the Criminal Code, the Code of Penal Procedure, and any other criminal or penal legislation.

the judges from this division may also handle certain applications for judicial authorizations for which they have either exclusive or concurrent jurisdiction with the Superior Court or presiding justices of the peace. the increase in the number of major police operations requires judges to be extensively available outside of the time they spend hearing cases and writing judgments.

the judges preside over interim release (or bail) hearings whose goal is to decide whether a defendant may be released before legal proceedings are over. they are also in charge of preliminary inquiries, which determine whether there is a triable issue.

in criminal matters, the judges preside over proceedings that fall within the jurisdiction of a provincial court judge and a judge without a jury, as defined by the Criminal Code. they also preside over proceedings related to offences punishable on summary conviction.

in penal matters, they hear proceedings initiated under the Code of Penal Procedure or any other provincial or federal penal legislation concerning public welfare.


Youth Divisionthe Courts of Justice Act and the Code of Civil Procedure establish the jurisdiction of Court of Québec judges in youth matters. the judges are also competent to exercise the functions of the youth justice court, in accordance with the Youth Criminal Justice Act. in this regard, the judges preside over the trials of youth who were between the ages of 12 and 18 at the time an offence was committed under the Criminal Code or under federal or provincial statutes of a criminal or penal nature.

the judges also have jurisdiction in proceedings initiated under the Code of Penal Procedure for public welfare offences committed by defendants who were under 18 years of age at the time of the offence. Court judges have exclusive jurisdiction when the accused youth cannot be released or has been placed in the Director of Youth Protection’s custody, if the youth requests so or if it is in his or her interest. under certain circumstances, the judges also preside over preliminary inquiries.

in addition, judges enforce the Youth Protection Act. they hear cases concerning minors whose security or development is or may be declared to be in danger. once the danger has been established to the judge’s satisfaction, the judge orders one or more protective measures listed in the Youth Protection Act to be carried out in order to stop the situation.

under Québec’s Code of Civil Procedure, judges have exclusive jurisdiction over adoption applications, including those involving international adoption.

14 Cour du Québec | rapport public 2012

tHe Court of QuébeC: PreSeNt tHrouGHout tHe ProViNCe


10

1

2

48

5

3

9

10

1

2

48

5

3

9

6

7

AreA CoVereD

Abitibi-témiscamingue–Nord-du-Québec

bas-Saint-laurent–Côte-Nord–

gaspésie–Îles-de-la-Madeleine

estrie

laval–laurentides–lanaudière–labelle

Mauricie–bois-francs–Centre-du-Québec

Montérégie

Montréal

outaouais

Québec–Chaudière-Appalaches

Saguenay–lac-Saint-Jean

Court of QuébeC JuDGeS bY reGioNoN DeCeMber 31, 2012

1

2

3

4

5

6

7

8

9

10

Abitibi-témiscamingue–Nord-du-Québec

bas-Saint-laurent–Côte-Nord–gaspésie–Îles-de-la-Madeleine

estrie

laval–laurentides–lanaudière–labelle

Mauricie–bois-francs–Centre-du-Québec

Montérégie

Montréal

outaouais

Québec–Chaudière-Appalaches

Saguenay–lac-Saint-Jean

Total

9

16

18

37

13

36

86

14

42

10

2814

4 including vacant positions.

reGioNS

Abitibi-Témiscamingue–Nord-du-QuébecCoordinating judge: Daniel Bédard

Abitibi-témiscamingue–Nord-du-Québec is the largest of the ten regions served by the Court of Québec. it includes the judicial districts of Abitibi, rouyn-Noranda, and témiscamingue, with six courthouses and twenty points of service. to provide service across this vast area, the Court of Québec relies on a team of nine judges and two presiding justices of the peace.

one of the projects of interest developed in 2012 aims to centralize urgent cases to speed up processing, shorten waiting times, and allow judges not to interrupt or suspend in-progress trials to hear urgent cases (e.g., release hearings)5.

the Court also introduced a new way to manage civil cases that are ready to be heard. Certain “floating” days are now offered to parties who are not available on the dates indicated when cases are called. After coming to a mutual decision, parties can submit their preferred dates, following which the Court advises them of the selected date.

Bas-Saint-Laurent–Côte-Nord–Gaspésie–Îles-de-la-MadeleineCoordinating judge: Jean-Paul DecosteAssociate coordinating judge: François Boisjoli

Delivering justice in this region is a daunting challenge due to the huge area to cover and the scattered population.

the Court relies on a team of sixteen puisne judges and four presiding justices of the peace in this region. the sixteen judges serve in seven courthouses, and service is also provided at eighteen other points of service.

the judges’ active participation in case management is producing results in pre-hearing, facilitation, and settlement conferences. Although settlement conferences are still rarely used, particularly in the Criminal and Penal Division, every judge endeavours to convince attorneys to make use of this option to meet the region’s needs and realities.

5 infra, p.26.

Court of QuébeC | PubliC rePort 201216

EstrieCoordinating judge: Alain Désy

the estrie region comprises the judicial districts of Saint-françois, bedford, Drummond, and Mégantic. there are four courthouses in Sherbrooke, granby, Cowansville, and Drummondville, and points of service in lac-Mégantic and Magog.

the Court is staffed by sixteen judges. Many of them are versatile, meaning they hear a wide variety of cases, providing a clear advantage to citizens who receive consistent, efficient justice. the two presiding justices of the peace at the Sherbrooke and granby courthouses perform their duties throughout the region.

Alternative dispute resolution methods and case management are widely used in estrie. the judges’ ongoing involvement is a perfect match for the high level of cooperation received from attorneys practicing in the region.

Laval–Laurentides–Lanaudière–Labelle (Mont-Laurier)Coordinating judge: Michèle ToupinAssociate coordinating judge (Civil Division): Jean-Pierre Archambault Associate coordinating judge (Criminal and Penal Division): François Landry

the laval–laurentides–lanaudière–labelle region comprises the judicial districts of laval, terrebonne, Joliette, and labelle (Mont-laurier) and has four courthouses and three points of service. it continues to be the fastest-growing region in Québec.

Many of the region’s thirty-five judges are versatile, meaning they sit in more than one division, which allows them to meet the ad hoc needs of the Youth Division. four presiding justices of the peace serve the four courthouses, in addition to performing their share of provincial on-call duties.

in 2012, early case management protocols were signed with the laval and laurentides–lanaudière bars for cases involving latent defects, defective workmanship, and construction defects. in imple-menting these protocols — which are already showing promise — the partners seek to save time and significantly reduce costs incurred by citizens.


Mauricie–Bois-Francs–Centre-du-QuébecCoordinating judge: Dominique Slater

the Mauricie–bois-francs–Centre-du-Québec region comprises the three judicial districts of trois-rivières, Arthabaska, and Saint-Maurice and four courthouses in trois-rivières, Victoriaville, Shawinigan, and la tuque. the la tuque courthouse provides services to the aboriginal communities of wemotaci and obedjiwan (in youth matters). on December 31, 2012, the region was staffed by thirteen judges and two presiding justices of the peace.

the sustained efforts of the region’s judges enable residents to enjoy timely access to quality justice. Numerous tools to facilitate efficient administration of justice, including videoconferencing, pre-hearing conferences, and settlement conferences, are used in all Court divisions.

MontérégieCoordinating judge: Micheline LalibertéAssociate coordinating judge (Youth Division): Robert ProulxAssociate coordinating judge (Criminal and Penal Division): Ellen Paré

the Montérégie region covers the area comprising the judicial districts of longueuil, beauharnois, richelieu, Saint-Hyacinthe, and iberville. it has thirty-six judges and five presiding justices of the peace.

in the Civil Division, early case management has been highly successful, reducing waiting times appreciably. the Court of Québec continues to support the efforts of Association du Jeune barreau de longueuil, which set up a legal information service in 2012 to provide citizens with free information sessions on small claims led by volunteer lawyers.

in criminal matters, the judges preside more and more regularly over pre-hearing, facilitation, and case management conferences and generally receive good cooperation from attorneys.

in the Youth Division, new dispute settlement tools are being discussed in response to the growing caseload.



MontréalCoordinating judge: Denis Saulnier

Montréal’s 86 judges and presiding justices of the peace handle the largest case volume in Québec.

in the Montréal region, the Court of Québec’s judicial activities are divided between three locations. the main courthouse is located on rue Notre-Dame est and houses twenty-nine Criminal and Penal Division judges, twenty-seven Civil Division judges, and nine presiding justices of the peace. the second building, located on rue de bellechasse est, is unique in that its twenty-one judges exclusively hear youth protection, adoption, and youth criminal cases. the third, Centre de services judiciaires gouin, is located in the north of the city and is dedicated primarily to criminal mega-trials.

the Montréal region is ethnically and culturally diverse, requiring special understanding and sensitivity on the part of judges. for example, the Montréal courthouse’s interpretation services — and therefore Court judges — must deal with over 40 different languages, which often has an impact on the complexity and length of cases.

CriMiNAl AND PeNAl DiViSioNAssociate coordinating judge: Pierre E. Labelle

in 2012, in cooperation with numerous partners, the Court is pleased to have played an active role in setting up the Court of Québec’s court-supervised drug treatment program in Montréal. the program is designed primarily for persons dealing with addiction problems who commit offences to satisfy their habits.

other programs, including domestic violence programs, are still in place, and every effort is being made to continuously improve them.

CiVil DiViSioNAssociate coordinating judge: Michel A. Pinsonnault

Civil Division judges sit in the regular Division and Small Claims Division. fifteen of them also sit in the Administrative and Appeal Division (AAD).

in 2012, numerous settlement conferences were held, saving over 100 hearing days, which were used to the benefit of other citizens.

the judges also heard 3,438 applications regarding mental health matters, (e.g., motions to obtain a psychiatric evaluation or for confinement), which represents a 40% increase over 2008. the Court must pay special attention to this increase in order to continue providing quality services to individuals in distress.

YoutH DiViSioNAssociate coordinating judge: Ann-Marie Jones

the volume of youth protection and delinquency cases remained largely unchanged, but the increase in the number of lengthy and complex cases requires more hearing and management time. the same can be said of adoption matters.

However, the case management process introduced at the Youth Division in 2010 makes it easier to schedule pre-hearing and management conferences and determine the parties’ interest in settlement conferences in lengthy cases requiring two or more hearing days.

OutaouaisCoordinating judge: Lynne Landry

the outaouais region comprises the judicial districts of Hull (gatineau courthouse), Pontiac (Campbell’s bay courthouse), and labelle (Maniwaki courthouse). the year 2012–2013 will go down in regional history as the year in which the number of puisne judges increased from eleven to fourteen. this addition will improve services in all areas. two presiding justices of the peace complete the outaouais team.

intervention by judges from all Court divisions as early as possible in the judicial process is encouraged. Alternative dispute resolution methods, including settlement, facilitation, pre-hearing, and management conferences, are an important focus. the parties and their lawyers are more likely to participate in programs in place.



Québec–Chaudière-Appalachesinterim coordinating judge: Charles G. GrenierAssociate coordinating judge (Civil Division): Charles G. GrenierAssociate coordinating judge (Criminal and Penal Division): Chantale PelletierAssociate coordinating judge (Youth Division): Lucie Rondeau

the Québec–Chaudière-Appalaches region includes the judicial districts of Québec City, beauce, frontenac, Montmagny, and Charlevoix and has five courthouses located in Québec City, Saint-Joseph-de-beauce, thetford Mines, Montmagny, and la Malbaie. when demand warrants it and appropriate premises are available, Civil Division judges also hear small claims cases at three points of service.

the Court relies on the services of thirty-eight judges at the Québec City courthouse, one judge at the Saint-Joseph-de-beauce courthouse, and one judge at the Montmagny courthouse. the latter two also serve at the Québec City courthouse. the region has four presiding justices of the peace.

working in close cooperation with the Québec bar, the team of coordinating judges continues to focus on attentive, dynamic management of the rolls, with the aim of scheduling trial dates quickly and reducing waiting times. this proactive approach is supplemented by permanently available pre-hearing or management conferences and settlement conferences. the parties and their attorneys appreciate these alternatives and are using them more and more.

in the Civil Division, 48 settlement conferences were held by judges, producing a 90% settlement rate and saving 100 days worth of inquiries and hearings.

Youth Division judges continued to give parties the option of using settlement conferences as an alternative conflict resolution method in youth protection cases. in addition, the Jeunes Parents program that provides judicial followup for parents dealing with addiction problems remains in effect.

in criminal and penal matters, some forty pre-hearing conferences were held for trials or inquiries lasting more than two days. A new procedure was also established allowing the accused to amend the conditions of an undertaking with the prosecutor’s consent without being required to return before a judge.

lastly, a variety of measures related to mental health custody orders have been put into place to make the process of hearing motions more human and attentive and ensure those involved are not subject to undue waits.


Saguenay–Lac-Saint-JeanCoordinating judge: Pierre Lortie

Saguenay–lac-Saint-Jean is the Court of Québec’s third-largest coordinating region. the judges work in the judicial districts of Alma, Chicoutimi, and roberval, in addition to the town of Chibougamau, which falls under the concurrent jurisdiction of the roberval and Abitibi districts.

the Court’s regional team is made up of ten judges and two presiding justices of the peace. Nearly all the judges serve in at least two divisions, with some even working in three. this flexibility allows citizens to access services quickly and reduce costs, in addition to meeting a variety of ad hoc needs.

in the Saguenay–lac-Saint-Jean region, judicial waiting times are reasonable. the main challenge is reducing costs, which helps improve access to justice. early case management in conciliation conferences and judicial case management in latent defect cases contribute to achieving this goal. these methods also help the parties find solutions to their problems in a less contentious setting.

ADMiNiStrAtioN of tHe Court

the office of the Chief Judge operates under the terms of an administrative agreement concluded in 2002 between the chief judge and the Minister of Justice. Administrative and financial duties are handled by the administration director under the direction of the chief judge.

the office manages the budget for compensation, travel expenses and official expenditures for judges and presiding justices of the peace, as well as their furnishing, personalized stationery, and other necessary supplies. it also contributes financially to expenses incurred in connection with the annual judges’ conference.

the office also operates a research department for judges and presiding justices of the peace staffed by researchers and specialists. their duties include providing support to judges on the cases that have been referred to them and assisting with the work of various committees and certain professional development seminars.


with regard to professional development, the Secrétariat au perfectionnement is responsible for the logistical organization of training seminars for judges and presiding justices of the peace.

in connection with municipal affairs, the Secrétariat aux cours municipales supports the associate chief judge responsible for municipal courts. three employees assign judges, organize training seminars, and provide support to the associate chief judge in managing the municipal courts.

lastly, office staff provides administrative support to chief judges, including actively assisting with the orientation of newly appointed judges. they also provide chief judges, coordinating judges, and associate coordinating judges with useful management data.

Court CoMMitteeS

the mandate of Court of Québec committees, which are made up of judges and presiding justices of the peace, is to advise the chief judge on various matters referred to the Court’s judges, as well as on communications, technological support, mentoring and judicial treatment of clienteles with special issues.

tHree-YeAr ViSioN 2012–2013–2014 6

the Court of Québec’s Three-year Vision 2012–2013–2014 is the outcome of periodic reflection by the Court to stay in touch with the society it serves and ground its actions in values shared by all its members.

ViSioN

that the Court of Québec seeks to be recognized as the court whose judges and presiding justices of the peace stand out for their sense of belonging and their dedication to administering justice that is respectful of all citizens.

VAlueS


A court that is built on its judges’ competence, integrity, probity and humanity


A court that responds to citizens’ needs within targeted time frames


A court that promotes case management, appropriate dispute settlement methods, and the use of various means of communication

A dynamic court

A court that provides leadership and advocates dialogue, cooperation, and involvement with partners from the legal and judicial community


6 the complete text of the three-year Vision is available at: http://www.tribunaux.qc.ca/mjq_en/c-quebec/Communiques/Vision_eN_Vfinale.pdf.


Here is a snapshot of some of the concrete initiatives the Court has already undertaken to implement this three-year Vision.

A court that is defined by its judgesSelecting the Best Candidatesthe Regulation respecting the selection procedure of candidates for the office of judge of the Court of Québec, municipal court judge and presiding justice of the peace came into effect in 2012.

under the new regulation, selection committee membership has been increased from three to five people. each committee is chaired by a judge who, in practice, is the senior associate chief judge or an associate chief judge. Selection committee members receive special training to help them fully understand their role. training is provided by the team made up of the senior associate chief judge and associate chief judges of the Court of Québec. the criteria that selection committees must consider in evaluating candidates have been spelled out.

in order to allow the Minister of Justice to make a recommendation to the Cabinet, the selection committee draws up a report indicating, in alphabetical order, the names of three candidates it considers qualified to be appointed as judges. the committee report includes a personalized appreciation of the proposed candidates.

the Court of Québec subscribes to the new thrust of the regulation, which will allow it to continue proposing excellent candidates to the Minister of Justice.

Mentoringthe Court of Québec has implemented a mentorship program for new judges. it is part of the orientation program and rounds out the professional development activities that are provided for new colleagues.

Professional Developmentthe professional development program for judges consists of mandatory training provided to each newly appointed judge. thereafter, judges are provided with training programs in the areas of law in which they practice. Judges may also take seminars on information technology, case management, settlement conferences, and facilitation conferences. these seminars are designed for all judges, regardless of division. regional training days are organized to take stock of legislative and case law developments in a particular field of law or to address specific topics in response to needs expressed by judges.

Presiding justices of the peace are eligible to take part in general training activities designed for all Court of Québec judges, such as the seminars on trial conduct and judgment writing. every year, they are also provided with specialized training sessions on specific topics.


Personal Involvement of Judgesfrom the time they are appointed, all Court judges are encouraged to participate in Court committees, including those related to the organization of professional development activities. every activity is planned and overseen by a committee whose members are appointed by the chief judge, who also designates the chair. each committee is under the direction of an associate chief judge.

The Administrative and Appeal Division in fall 2011, the Court of Québec engaged in a reflection about the Administrative and Appeal Division (AAD). the aim of this process was to take stock of the experience acquired by the Division since its creation and identify priorities to strengthen its foundations and clarify its objectives. After analyzing the situation and consulting the judges, the Division restructuring report was presented to Court management and approved in fall 2012. the restructuring process has been underway since January 1, 2013.

A court that adapts to citizens’ needsJustice in Aboriginal Communities

• the itinerant Court and Justice in Aboriginal Communities

Judges serving on the itinerant court perform their duties in the aboriginal communities of northern Québec (Hudson bay, James bay, and ungava bay), as well as on the North Shore. they hear cases based on a pre-set schedule and occasionally at additional times to meet specific needs. this procedure makes justice accessible in remote regions while adapting the justice system as much as possible to the traditional values of aboriginal communities.

• Project to Centralize urgent Cases

the Court of Québec implemented a project to centralize urgent cases in the Abitibi region to lighten the itinerant court’s overbooked rolls. the project will provide for the capacity to hold interim release hearings by videoconference, which will free up the itinerant court to focus on preliminary inquiries and trials. this solution also ensures that aboriginal detainees can remain in their communities during this important phase instead of being transported to detention facilities, often several hours away by air.

this project provides for the centralization of urgent cases in all matters, with a view to avoiding unnecessary travel and costs in a large district where the nearest courthouse is often a considerable distance away.

Therapeutic Justice

• the Court of Québec’s Drug treatment Program in Montréal

in November 2012, the chief judge announced the implementation of the Court of Québec’s drug treatment program in Montréal (Programme de traitement de la toxicomanie de la Cour du Québec à Montréal, or PttCQ). this pilot project is part of the provincial program adopted under the provisions of Section 720(2) of the Criminal Code and announced by the Québec’s Minister of Justice and Attorney general.


the Court of Québec is convinced that the consequences of implementing this court-supervised drug treatment program will be positive, not only for offenders who will receive structured, personalized treatment, but also for the judicial system and society in general.

A court that innovatesCase Management and Appropriate Dispute Settlement Methods

• Case Management

the introduction of case management, at the very beginning of the institution of legal proceedings, is an innovation to the civil justice system brought in by the amendment of the Code of Civil Procedure in 2002. the judge’s role is no longer limited to hearing adversarial proceedings. by managing cases and the rolls for hearing, judges take an active role in ensuring cases progress smoothly. the ultimate goal is to administer justice in a timelier and less costly manner.

• Small Claims

on September 1, 2012, the Access to Justice Act, the legislation that gave birth to the Small Claims Division, discreetly celebrated its 40th anniversary. in 1972, the Division had jurisdiction to hear claims of $300 and under. by 2012, this had increased to $7,000 and under. Proposed amendments to the Code of Civil Procedure would raise this amount substantially to $15,000.

to respond to existing and future claims, the Court has established two measures:

- New Seminar

A new seminar on small claims is currently being developed to train judges who hear small claims cases. the seminar primarily covers communication and case management at the Small Claims Division.

- issue table

the establishment of the small claims issue table was proposed to justice partners by the chief judge of the Court of Québec.

work began on August 30, 2012, with initial partners that included the Court of Québec, the Québec bar, young regional bars, and Ministère de la Justice’s Direction générale des services de justice et des registres. other partners subsequently joined, including regional bars and young bars, office de la protection du consommateur, Chambre des notaires du Québec (small claims mediators), Chambre des huissiers de justice, Centre de justice de proximité de Montréal and éducaloi.

the purpose of the small claims issue table is to promote and support the introduction of concrete measures to provide legal assistance to parties at the Small Claims Division. Private meetings and information sessions also provide opportunities to promote mediation, a free service offered to parties, which has not been as successful as hoped.


• Pilot Project on examination for Discovery in lieu of Preliminary inquiries

on April 30, 2012, the Court of Québec and the outaouais bar signed an agreement to establish a pilot project on examinations for discovery in lieu of preliminary inquiries in criminal matters in the judicial district of Hull. A mechanism was also established to facilitate and manage these cases to move them more quickly toward a settlement or a hearing. Attorneys are using this pilot project more and more, and other judicial districts are considering implementing it.

• Case Management in Criminal Matters

the Court of Québec is determined to maximize designation of case management judges. Criminal Code case management provisions are not used enough, even though they provide all the flexibility needed to accelerate the processing of a wide variety of cases. Coordinating and associate coordinating judges have therefore been encouraged to pay special attention to cases that might benefit from such management.

A dynamic courtOutreach7 Court of Québec judges are encouraged to actively participate in working sessions with the Québec bar and regional bars, take part in issue tables and liaison panels, and step up collaboration with university law faculties.

in taking part in these activities, judges generously agree to share their knowledge and experiences. they also seize these opportunities to better understand the needs of citizens and stay in harmony with the society they serve.

Communicationsin 2012, a number of online information documents about the Court of Québec were updated further to amendments to the Courts of Justice Act and the Regulation respecting the selection procedure of candidates for the office of judge of the Court of Québec, municipal court judge and presiding justice of the peace.

7 for more information on the activities of Court of Québec judges in 2012, see the Court’s website: http://www.tribunaux.qc.ca/mjq_en/c-quebec/index-cq.html.


SPeCiAliZeD CourtS

Human Rights Tribunal the Human rights tribunal8, presided over by a Court of Québec judge, was created in 1990 when major amendments to the Québec Charter of Human Rights and Freedoms came into effect. As a specialized judicial body, the tribunal has jurisdiction to hear complaints related to discrimination and harassment grounded on one of the motives prohibited under the Charter. it can also hear cases concerning the exploitation of elderly and disabled persons as well as affirmative action programs.

the tribunal consists of at least seven members, namely a president and six assessors. their term of office is five years and is renewable. the government may also appoint judges from the Court of Québec to hear and decide an application or for a determined period.

Professions Tribunal the Professions tribunal9 was created in 1973 with the adoption of the Professional Code. it currently has jurisdiction over 44 professional orders.

the tribunal sits with three judges for hearings on the merits. in other cases, it sits with one judge, appointed by the president. its judgments are final. the tribunal hears appeals of decisions issued by disciplinary councils and certain non-disciplinary decisions made by boards of directors and executive committees. the tribunal may confirm, amend, or overrule any decision submitted to it that, in its judgment, should have been handed down in the first place.

the president of the tribunal holds his or her position exclusively, while the other ten members, Court of Québec judges, serve part time.

in 2012, the tribunal handed down 180 judgments.

8 to learn more about the tribunal, see its website: http://www.tribunaux.qc.ca/mjq_en/tDP/index-tdp.html. 9 to learn more about the tribunal, see its website: http://www.tribunaux.qc.ca/tribunal_professions/index_professions.html.

louise Provost, president

Michèle Pauzé, president


this publication was written and produced by the office of the Chief Judge of the Court of Québec :300, boulevard Jean-lesage, Suite 5.15Québec City, Québec g1K 8K6tel. : 418-649-3424

A limited number of copies of this publication was printed. A complete version of the report (in french only) may be consulted on the Court’s website (www.tribunaux.qc.ca).

to order this publication, contact the office of the Chief Judge of the Court of Québec :tel. : 418-649-3100fax. : 418-643-8432email : [email protected]

© Court of Québec, 2013legal deposit – bibliothèque nationale du Québec, 2013National library of CanadaiSbN : 978-2-550-67212-8

GODM02

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(imprimé)

20182013Strategic Plan

1978-2013

Earning the Public’s

Trust

Earning the public’s trust. By embracing this title, the framers of the conseil’s strategic plan have sought to establish clear program priorities for the institution’s various players. Our team is already at work and, in keeping with its assignment, will develop activity reports that track he progress we make toward achieving these priorities. readers can use these public reports to ascertain what has been accomplished.

the strategic plan and annual activity plan reports are integral to the ideal of transparency and accountability the conseil has long aspired to. We invite you to monitor our progress and, in the spirit of today’s participatory democracy, let us know how we are doing.

in its dealings with legal professionals, private citizens, and those who come before the court, the conseil de la magistrature is committed to discharging its duties with discipline, dignity, and empathy, ensuring that rule of law is upheld.

Secretary of the conseil de la magistrature

André Ouimet lawyer

it is my pleasure to present to you the conseil de la magistrature’s strategic plan for 2013–2018. taking the time to chart our strategic course is always beneficial for the organization. it invariably gives us an opportunity to take stock, an exercise that, this year, allows us to see just how far the conseil has come in its 35 years of existence.

While today’s conseil differs in many ways from that of 1978, its primary objective – earning the public’s trust –hasn’t changed. these words are more than a slogan; they allude to the mindset and motivation of those who make up the conseil.

as a legal institution, the conseil is responsible for maintaining and strengthening the bond of trust that exists between citizens and the justice system. this takes the form of specific actions that are described in this document.

the strategic plan reiterates the conseil’s commitment to act with its characteristic discipline and attests to its determination to fulfill, with all due integrity, the functions conferred upon it by the Courts of Justice Act.

chair of the conseil de la magistrature,

Élizabeth Corte chief Judge of the court of Québec

Our values

in its daily undertakings, the conseil’s actions are dictated by ethics, listening, and the following values:

independence and impartiality

creativity and innovation

Quality of service

Our visionto actively contribute to improving the bond of trust between the public and judicial institutions, and to ensure leadership in judicial ethics.

Our missionthe conseil de la magistrature du Québec is a legal institution tasked with ensuring that judges have access to the best professional development programs, guaranteeing that the judiciary has access to complete legal documentation on all available media, receiving and examining complaints about the judiciary, and promoting the efficacy and standardization of proceedings before the courts.

the conseil’s mission also involves working closely with organizations outside Québec that are engaged in similar pursuits.

Ensure that the judiciary always has access to the best professional development programs

the conseil provides organized training

activities for courts and tribunals based

on a pre-approved program. it verifies

implementation and ensures that budgets

are respected.

in addition, it works closely with judges

to organize an annual conference and english

language training activities. the conseil also

provides financial support so recent appointees

from Québec can attend a training session

for new canadian criminal court judges.

Propose a technology vision and solutions that enable judges to access legal documentation in real time and in a user-friendly manner.

to keep their knowledge current, judges

must have access to the tools of their trade:

laws, regulations, and reference works.

to provide it, the conseil has put information

online and created an intranet giving users

access to myriad databases and numerous

reference volumes.

a partnership agreement with centre d’accès

à l’information juridique (caiJ) also provides

access to various databases and libraries

located throughout Québec.

Receive and examine complaints against judges

Private citizens may file complaints about

the performance of judges. these complaints

are examined in light of judicial codes

of ethics which, while not prescriptive, set

forth general principles relating to judges’

behavior in court and in public. complaints

are reviewed by the conseil in full session,

with the Secretariat providing support

to those who examine the complaints and

investigate judicial conduct. the Secretariat

also responds to queries and information

requests, and ensures that the website

remains user-friendly.

Enhance the efficacy and standardization of court proceedings

the justice system faces numerous

challenges, many of them involving courts

under conseil oversight. the conseil can

help them improve the administration

of justice.

To remain a dynamic organization widely known for its leadership

the conseil must cooperate with

international bodies outside Québec

that play a role similar to its own.

the [Courts of Justice] act requires us

to do as much. if the conseil is to benefit

from such relationships, it must remain

a leader in matters that fall under its

purview, including judicial codes of

conduct and professional development

of judges. it must remain at the vanguard

of the field.

Contextthe conseil was established nearly 35 years ago to help uphold and strengthen public trust in the judiciary through its actions in five key areas.

Organize professional development programs for judges

The Conseil’s efforts fall into three areas of activity.

AreA of Activity

a responsive and responsible conseil

objective

> Work closely with those responsible

for professional development in the courts

and tribunals to obtain all information needed

to fully take on its mandate in this area

AreA of Activity

training that meets all needs

objectives

> coordinate the organization of the annual

conference and all conseil-approved activities

> Foster a collaborative mindset among

all professional development partners and provide

technical support as needed

> Suggest innovative training activities that reflect

the realities of the judiciary

AreA of Activity

Optimal professional development

objectives

> Stay abreast of advances in adult learning

techniques so as to continually enhance professional

development for judges

> recommend to courts and tribunals tools that have

proven effective for on-site, online, or remote training

> take part in discussion forums held by the national

Judicial institute and other organizations devoted to

judicial training and professional development

3 areaS

Strategic guidelines in accordance with its mission and current conditions, the conseil will pursue the following strategic priorities over the next five years:

Propose a technology vision and solutions that judges can use to access current legal documentation in real time, and in a user friendly manner

Conseil actions fall within 2 areas of activity

AreA of Activity

Provide easy access to legal documentation

objectives

> Seek out the most advanced means of accessing

legal documentation

> Propose a vision for accessing legal documentation that

takes into account advances in information technologies,

and urge judges to adopt them

> Make all legal documentation pertaining to judges’

responsibilities available in commonly used formats

AreA of Activity

Optimize the use of technology to encourage

responsible handling of requests

objectives

> Provide judges with comprehensive information

enabling them to fully understand regulations

governing the acquisition of legal documentation

> Promote training in conjunction with various legal

databases

2 areaS

Remain a dynamic organization known worldwide as a leader


AreA of Activity

Human resources

objectives

> ensure ongoing training for personnel tasked

with responding to requests from the public

> Promote ongoing training for members,

particularly in the area of ethics and codes

of conduct

> Maintain an organization that is reputed

for discipline and leadership

AreA of Activity

external communications

objectives

> ensure that all decisions rendered by the conseil are

conveyed to the judiciary and general public

> establish a communications plan while continuing

to disseminate information about the conseil’s role

and accomplishments

AreA of Activity

influence and cooperation

objectives

> coordinate the updating of Applied Judicial Ethics

> add information on legal ethics to the “Judicial ethics

online” site

> With conseil partners, establish a network

of French-language judicial councils, working with

the association of Judicial Disciplinary counsel

3 areaS

Promote procedural efficacy and standardization in the courts


AreA of Activity

Opinions for the Minister of Justice

objectives

> Survey best practices regarding procedures and access

to justice

> examine laws and the workings of the courts in order

to present a recommendation for improving Québec’s

justice system to the Minister of Justice

AreA of Activity

accessible justice

objective

> contribute to various initiatives aimed at making

justice more accessible for the public

2 areaS

Receive and examine complaints against judges


AreA of Activity

advice for the public and training for judges

objectives

> respond promptly to information requests from

the public

> Monitor requests from the public

> collaborate at new judge orientation, ethics

and code of conduct training sessions, and share

expertise developed by the conseil with

the judiciary

AreA of Activity

analyses, examinations, and investigations

objectives

> exercise due diligence in examining complaints

> When examining complaints against judges, show

thoroughness and respect for the rule of law

> analyze how other judicial councils operate in order

to compile an assessment and learn from it

2 areaS

300, boulevard Jean-Lesage, Suite RC-01Québec (Québec) G1K 8K6

Phone : 418 644-2196 — Fax : 418 528-1581

www.conseildelamagistrature.qc.ca

25th Anniversary of the Court of Québec

Society has changed—and so has the Court! Today marks the 25th anniversary of the Court of Québec! On August 31, 1988, the Act to amend the Courts of Justice Act and Other Legislation to Establish the Court of Quebec came into force. Through this legislation, the Court of Sessions of the Peace (1908), responsible for criminal and penal law, the Provincial Court (1965), mainly responsible for civil law, and the Youth Court (1977[1]), responsible for youth law, were c [2]ombined.

This anniversary is an opportunity to recognize the vision and determination of those who spearheaded this important overhaul of Québec’s judicial system. The major changes they introduced improved access to justice by reducing jurisdictional fragmentation, improving judge mobility, and simplifying the system to make it more effective. With the reform, the Court of Québec became Québec’s leading judicial institution in terms of practice area diversity, number of judges (279 at the time), and volume of cases handled. The Court’s first chief judge, the Honourable Albert Gobeil, summed up his approach vis-à-vis the new institution and the challenges he faced:

“From the beginning, I set out to perform my duties with the idea that the Court of Québec was replacing three judicial institutions cumulating a wealth of experience, and that it was our job to pool that experience, not ignore it. I felt we should make sure that all our colleagues from each jurisdiction were fully aware that we recognized the importance and value of their collective contributions, as well as the quality and qualifications of each judge. […] It was a matter of moving forward and although, in the past, each court had to emphasize its specific role and responsibilities in order to achieve its objectives, the aim now was to emphasize the singularity of the court’s position and requirements, while maintaining the specificity of each jurisdiction’s subject areas.”

The first team of chief judges took on a number of projects, including the establishment of a Court administrative structure, improved staff allocation, the standardization of approaches and practices, establishment of target time frames, and development of a permanent training program for judges.

[1] Formerly the Juvenile Delinquents’ Court of Montreal (1910) and Québec City (1940). [2] The history of the Court is actually much longer and dates back to the 18th century. A book on the Court’s history will be published in the coming months by Professor Sylvio Normand of the Université Laval Faculty of Law.

http://www.tribunaux.qc.ca/mjq_en/c-quebec/a_propos_cour_ang/fs_history.html

2

In 1995 a new team of five chief judges took office under the direction of the Honourable Louis-Charles Fournier. Mr. Justice Fournier left his mark by continuing a leadership approach based on participatory management. During his tenure, a new administrative entity—today called the Office of the Chief Judge—was created. In 1996 the Honourable Huguette St-Louis succeeded Judge Fournier. The new management team established a five-year plan (1998–2003) with five priorities, including quality of justice and services rendered, professional development of judges, team-building, and modernization of Court management. In 2002 an agreement was concluded with the Minister of Justice with regard to the Court of Québec’s administrative autonomy, allowing the Court to manage its budget and some of the resources needed to carry out its activities. The Honourable Guy Gagnon started his term in 2003. The Court’s vision was defined in a new three-year plan (2005–2008) that set forth a series of measures focusing on people subject to the jurisdiction of the Court, on more efficient organization of the court, and on extending the influence of the Court. Several of the initiatives were completed, including the creation of the Administrative and Appeal Division in 2007. An intranet site dedicated to the judiciary, which serves as a sort of virtual library for judges, was also launched. In addition, the first Court of Québec annual report (2005–2006) was published, and subsequently an annual report would be released each year.

***** My term as chief judge began on October 21, 2009. I rely on a team made up of Senior Associate Chief Judge Mario Tremblay and Assistant Chief Judges Pierre E. Audet (Civil Division), Claude C. Boulanger (Youth Division), Danielle Côté (Criminal and Penal Division), and André Perreault (responsible for Municipal Courts). We’ve had our share of challenges, starting with the Bastarache Commission, which took up a great deal of time during the first months of my term. The strategic thinking stimulated by the exercise was nonetheless rewarding in that it led to a review of the regulation respecting the selection of judicial candidates. The Court of Québec spares no effort in ensuring that top candidates continue to be nominated. The Court has also stepped up representations to the Ministère de la Justice concerning the urgent need to increase our resources. These efforts produced results in April 2012, when the Courts of Justice Act was amended to bring the number of judges from 270 to 290 and the number of associate coordinating judges from 8 to 12. The number of presiding justices of the peace was also increased from 33 to 36.

http://www.tribunaux.qc.ca/mjq_en/c-quebec/a_propos_cour_ang/fs_three_year_plan.html

http://www.tribunaux.qc.ca/c-quebec/CommuniquesDocumentation/Rapport_public2005-2006.pdf

http://www.tribunaux.qc.ca/mjq_en/c-quebec/fs_autorite.html

3

In 2012 the Court published its Three-year Vision, which resulted from a joint reflection on its mission, its short- medium- and long-term objectives, and the means to achieve them. We wanted our Vision to address the needs and expectations of today’s society. It includes concrete actions in each of the Court’s fields of jurisdiction—all intended to improve our effectiveness as the court of first instance. A number of these projects are well underway and I invite you to browse the most recent Public Report of the Court of Québec on our website to see how the work is coming along. You may also wish to consult the Court's Twitter feed for the latest news on the institution. Our projects and activities regularly involve partnership with the Québec Bar and regional bar associations. Whenever it has the opportunity, the Court reaffirms its strong belief in the need to communicate, consult, and work together to achieve tangible results, rather than working in silos. Examples of positive actions that have benefited from the synergy between judicial system stakeholders include the early case management protocols for civil matters negotiated with several bar associations, the current research project on settlement conferences as a tool for access to justice, the small claims issue table, the northern missions the Court participates in with the Québec and Abitibi–Témiscamingue bars, and the agreement for a pilot project on examinations for discovery in criminal matters signed with the Outaouais Bar. This cooperation is especially valuable given that we must soon work with a new Code of Civil Procedure, which will require the participation of all stakeholders to move towards a faster and less costly justice system. Nationally, the Court of Québec has always been well represented on the Canadian Council of Chief Judges. As the Council’s new president, I intend to continue promoting productive dialogue between members, as it gives us the opportunity to build on our collective experience, share best practices, and address common issues. By taking a look at how things are done elsewhere, we often discover that there’s no need to reinvent the wheel! And since the time has come for action and solutions, maintaining links with inspired and inspiring partners from inside and outside Quebec is more important than ever. The Court of Appeal and the Superior Court are of course among the key partners with which the Court of Québec maintains a close and beneficial relationship.

*****

http://www.tribunaux.qc.ca/mjq_en/c-quebec/Communiques/Vision_EN_Vfinale.pdf

http://www.tribunaux.qc.ca/mjq_en/c-quebec/Communiques/RapPublic2012En_vAbr.pdf

https://twitter.com/Cour_du_Quebec

http://www.tribunaux.qc.ca/c-quebec/fs_regles_reglements.html

http://www.tribunaux.qc.ca/c-quebec/fs_regles_reglements.html

http://www.tribunaux.qc.ca/c-quebec/Actualites/fs_ActualiteProjetRechercheCRA_juin2013.html

http://www.tribunaux.qc.ca/c-quebec/Actualites/fs_ActualiteProjetRechercheCRA_juin2013.html

http://www.barreau.qc.ca/fr/actualites-medias/communiques/2013/04/30-mission-nord

http://www.tribunaux.qc.ca/c-quebec/EntenteProjetInterrogatoirePrealableOutaouais.pdf

http://www.tribunaux.qc.ca/c-quebec/EntenteProjetInterrogatoirePrealableOutaouais.pdf

4

The Court of Québec currently comprises 290 judges and 36 presiding justices of the peace across Québec. Every day in the one hundred-odd courtrooms open across the province, they hear people who are often appearing before a court of justice for the first time. Judges have extensive knowledge and heavy responsibilities, but they are first and foremost open-minded, impartial, independent, and upstanding individuals recognized for their sense of belonging and their dedication to administering quality justice that is respectful of all citizens. For its day-to-day operations, Court management also relies on a dynamic team of 10 coordinating judges and 12 associate coordinating judges who oversee Court activities in their respective regions and help develop Court guidelines and practices by drawing on the expertise of judges and taking their region’s specific needs into account. The Court is continuously enriched by the experience of those who have built it and by the energy of new members who are proud to be a part of it. Every day, for nearly four years now, I have felt privileged to lead a modern, well-organized Court made up of extraordinary people (judges, presiding justices of the peace, municipal judges, specialists, researchers, technicians, analysts, assistants, and more) who are dedicated, committed, and eager to innovate and take on new challenges—and adapt with the society they serve! Happy birthday, Court of Québec! Élizabeth Corte Chief Judge August 31, 2013

http://www.tribunaux.qc.ca/mjq_en/c-quebec/fs_autorite.html

In this year when all eyes are turned toward our 400 yearold capital city, we shouldn’t forget that 2008 is also thethirtieth anniversary of the Conseil de la magistrature.

To mark this event, I am delighted to present a documentshowing the ground we’ve covered since the Council was created.

Guy Gagnon

Chair, Conseil de la magistrature

Chief Judge, Court of Québec

November 2008

2 CONSEIL DE LA MAGISTRATURE

DU QUÉBEC

The Conseil de la magistrature du

Québec, which was created in 1978

to ensure compliance with judicial

ethics and to review complaints filed

against provincially appointed judges,

is celebrating its 30th anniversary

this year.

Canada’s judicial councils emerged in the late 1960s. The first (in Ontario) dates back to 1968, and others were added gradually until 1985.

Many reasons were given for the need toestablish these organizations, but first amongthem was the perceived need to replace certainmechanisms that had been criticized for theirinconsistent handling of certain issues relatedto ethics in the administration of justice. It was felt that the members of the judiciaryneeded to be monitored by their peers toensure that they carried out their judicial roles with constant rigor and that it was timeto fine tune official judge training programs.Across Canada, judicial councils were given a variety of roles, but they all share the common objective of ensuring compliancewith judicial ethics.

The Québec organization was instituted onJuly 19, 1978, under the Act to amend theCourts of Justice Act and the Code of CivilProcedure and instituting the Conseil de la magistrature. The Québec National Assemblyfollowed the recommendations proposed bythe Minister of Justice in 1975 in his paperentitled Livre blanc sur la justice contemporaine.

The Council was assigned the followingduties, which it still performs today: develop

codes of ethics for judges and for part-timemunicipal judges, process complaints, organizejudicial training programs, and implementother activities related to the administration ofjustice—notably to provide access to sufficientlegal documentation that is constantly refined.

Although the Council may hear complaints by citizens concerning a judge’s conduct, itcannot revise or modify a judgment, nor doesit have the power to order new trials.

The composition of the Conseil de la magistraturedu Québec has been modified a number oftimes due to changes in the court structure.Today it is made up of 15 members who areunder the authority of the chief judge of theCourt of Québec: 11 judges from variousQuébec courts, two lawyers appointed by thegovernment upon recommendation of theBarreau du Québec, and two individuals fromthe general public who are not legal officers.

The chief judge, senior associate chief judge,and four associate chief judges from the Court of Québec are ex-officio members of the Council. The other members are appointedby the government for a maximum three-yearterm. At the end of their term, all membersremain in office until they are reappointed or replaced.

As such, the Council consists of one judgewho is the chair of a municipal court, onejudge chosen from among the persons exercising the functions of president of theHuman Rights Tribunal or chair of theProfessions Tribunal, two judges chosen fromamong the judges of the Court of Québecand appointed upon recommendation of the Conférence des juges du Québec, and onejudge chosen from among the judges of the

INTRODUCTION

municipal courts and appointed upon recommendation of the Conférence des jugesmunicipaux du Québec.

Which judges fall under the jurisdiction of the Conseil de la magistrature? The some 400 judges appointed by the Government ofQuébec who work in the following courts andtribunals: the Court of Québec (including theSmall Claims Division), the Human RightsTribunal, the Professions Tribunal, and themunicipal courts. The Council also has jurisdiction over presiding justices of thepeace.

Although presented this way the Council’sstructure may appear simple, it has nonethelessgone through many crucial stages that havemarked its evolution. Its path has been wroughtwith questions and various modifications havebeen made as the need has arisen. Today, thefuture looks bright and every possible effort isbeing made to build a communication networkbetween the various judicial councils andorganizations in Canada and abroad.

Members of the first

Conseil de la magistrature

Honourable Alan B. Gold, President (1979–1983)

Honourable Bernard Tellier, Judge (1979–1987)

Honourable Georges Chassé, Judge (1979–1985)

Honourable Jean Rouillard, Judge (1979–1985)

Honourable Yves Mayrand, Judge (1979–1985)

Honourable Gaston Rondeau, Judge (1979–1984)

Honourable Louis Carrier, Judge (1979–1981)

Honourable Paul-Émile Champagne, Judge (1979–1980)

Honourable Albert Dumontier, Judge (1979–1980)

Louis Philippe de Grandpré, Lawyer (1979–1982)

Jacques de Billy, Lawyer (1979–1981)

Estelle Nepveu Bilodeau (1979–1987)

Ludovic Pelletier (1979–1982)

Jean-Pierre Barrette, Secretary (1979–1989)


DU QUÉBEC

CREATION AND INSTITUTIONThe first year for the Conseil de la

magistrature was one of setup and

organization.

The provisions of the act governing theCouncil’s activities, which appear in Part VIIof the Courts of Justice Act under the headingThe Conseil de la magistrature, RefresherPrograms for Judges and Judicial Ethics, extendits jurisdiction to judges appointed by virtue ofthis same act; to judges at the municipal courtsof Laval, Montréal, and Québec City; and tojustices of the peace with extended powers.

In the last 30 years, the Council’s compositionis not the only thing that has changed, and asthe structure of courts has changed over time,so too, to some degree, have the provisions ofthe initial act.

The main legislative changes involved extendingthe Act to apply to part-time municipal judges (1980), extending it to apply to presiding justices of the peace (2004), and modifying the secretary appointment process. In 1978,the Act stipulated that the secretary had to bea lawyer. In 1987, the Act was amended torequire the secretary to be chosen from amongjudges. In 1997, a provision governing the secretary appointment process once morerequired the secretary to be a lawyer.

From the early years, the Council developedcodes of ethics and took inventory of judges’legal documentation needs while also developing professional training programs.

1978-1997

1978 1993

2008

THE FIRST STEPS The first Council chair was Alan B.

Gold, Chief Judge of the Provincial

Court. At that time and through 1988,

the Act stipulated that the chair had

to be the chief judge of the Provincial

Court.

Jean-Pierre Barrette, assisted by three clericalemployees, acted as secretary until 1989.

The Council’s headquarters were establishedat the Montréal Palais de justice by virtue of agovernment decree issued on November 8, 1978.

From its inception, the Council formed various committees to look into ways to carryout the duties it was assigned.

In 1979, the Council adopted its first internalmanagement regulations, which were adaptedover time to take into account its changingactivities.

In fall 1979, the first two study days were held on judge training. These meetingsbrought together all judges involved in certainactivities organized by other institutions,including the Bar Association and universities.

These activities were organized jointly with theConférence des juges du Québec, which oversawjudge training before the Council was created.In addition to ensuring that judges’ legalknowledge stayed constantly up-to-date, judgetraining also included an English language skilldevelopment component.

1978-1979

Honourable Alan B. Gold

First Council meeting:July 11, 1979

First complaint received

by the Council:July 27, 1979

First inquiry

committee hearing:February 12, 1980

First inquiry committee report: April 22, 1980


DU QUÉBEC

TWO CODES OF ETHICS In 1980, an amendment to the Act

brought part-time municipal judges

under the jurisdiction of the Conseil de

la magistrature. That same year, the

new organization produced its first

annual report setting out its activities.

Meanwhile, the Canadian Association ofProvincial Court Judges partnered with theprovinces to organize specialized training oncriminal issues for new judges.

The job of purchasing, renewing, and updatingvolumes and subscriptions—formerly theresponsibility of the Minister of Justice—nowwent to the Conseil de la magistrature, whichclosely monitored the operations of its librarycommittee. In addition to listing the volumesindispensable to judges, the library committeewas put in charge of setting up libraries incourthouses in the outlying regions of Québecin collaboration with the Ministère de laJustice and Barreau du Québec.

After having consulted all judges in 1980 and1981, the ethics committee drew up two codesof ethics in order to take into account the special situation of part-time municipal judges.

This led to the adoption of the Judicial Code ofEthics as well as a code of ethics for part-timemunicipal judges in 1982 after the Conseil dela magistrature had approved both documentsthe year before.

The Judicial Code of Ethics applies to all judges appointed by virtue of the Courts ofJustice Act; to judges at municipal courts inLaval, Montréal, and Québec City; and justices of the peace with extended powers.

1980-1982

ADMINISTRATIVE AUTONOMY In the same period, after numerous

initiatives with the Ministère de la

Justice, the Conseil de la magistrature

managed to assume full administrative

autonomy over the judge retraining

budget. This prompted it to proceed

with its efforts to land the budget it

needed to fund all of its activities.

Judge Alan B. Gold, who had acted as chairsince 1979, resigned on August 10, 1983,upon being appointed as chief justice of theSuperior Court. Very early in 1984, he was

succeeded by Judge Gaston Rondeau, who hadbeen appointed chief judge of the ProvincialCourt on December 21, 1983.

The number of Council members increasedfrom 13 to 14 in 1986 with the addition of a part-time municipal judge upon recommendation of the Conférence des jugesmunicipaux.

The Commissioner of Official Languagescovered 50% of the costs of week-long Englishimmersion programs for judges from 1983 to1987, inclusively.

1982-1987

The Council in brief...

PROFESSIONAL DEVELOPMENT AND LEGAL DOCUMENTATION

OR THE HIDDEN FACE OF THE CONSEIL DE LA MAGISTRATURE

The role of the Conseil de la magistrature—Québec's judicial

Council—is to set up information, training and professional

development programs for court judges and presiding justices

of the peace who come under its authority; moreover, it is the

Council that provides the legal documentation that judges

need in order to efficiently carry out their responsibilities.

INTRAMAGIS is the name of the judiciary's Intranet.

Since it was created, judges have had access to all banks

of legal data, laws, regulations, jurisprudence and doctrine,

in all fields of law… and everything is just one click away.

Every year, the Council invests over $1 million in training

and legal documentation. In counting on information

technologies, the Council encourages online documentation.

With regard to professional development, the judges' outstanding

dedication makes it possible to offer the judiciary training

courses in various formats that foster the acquisition of

knowledge and keeping the judges up to date, generally

in a context that promotes exchanges and meetings.

The Conseil de la magistrature's annual seminar is an

opportunity to address topics of interest to the judiciary

as a whole.The seminar provides food for thought and

discussions favouring exchanges in plenary sessions and

small groups.

The Council also gives judges a chance to perfect their

English-language skills. And the Council occasionally

joins with other groups, such as the Canadian

Association of Provincial Court Judges, to organize

specific training, such as specialized sessions on

criminal law.


DU QUÉBEC

A DECADE OF QUESTIONS AND CHANGESModifications to the court structure

between 1988 and 1997 triggered

changes in the composition of the

Conseil de la magistrature.

The main change, in 1988, was to bring theProvincial Court, the Court of the Sessions of the Peace, and the Youth Division under theumbrella of the Court of Québec.

The second change was made in 1995 to modify the Court of Québec’s administrativestructure to include a chief judge, a seniorassociate chief judge, and three associate chief judges.

By law, when Albert Gobeil was appointedchief judge of the Court of Québec he alsobecame chair of the Conseil de la magistraturedu Québec. Another replacement when Jean-Pierre Barette resigned as secretary upon being appointed as judge at the Court of Québec. On November 22, 1989, Barette was succeeded by Judge Bernard Tellier, whowas appointed by decree for a three-year term.This complied with the recent amendmentstipulating that the secretary be chosen from among the judges and appointed by the government.

Another major change occurred in December1989, when the Superior Court establishedthat inquiry committees would exercise judicialpowers. As such, unless otherwise directed,their sessions were to be public and not closedas they had been in the past. In 1993, theSuperior Court was called on once more toissue a ruling, this time on the process forforming an inquiry committee. On this specificpoint, it concluded that since this was neithera judicial nor a quasi-judicial proceeding, itcould be closed.

In 1991, the Council’s composition wasaltered again: an additional member wasappointed from among those exercising thefunctions of chief judge of the Labour Court,president of the Human Rights Tribunal, orchair of the Professions Tribunal.

1988-1997

Council presidents

Honourable Guy Gagnon2003–

Honourable Huguette St-Louis 1996–2003

Honourable Louis-Charles Fournier 1995–1996

Honourable Albert Gobeil1988–1995

Honourable Gaston Rondeau 1983–1988

Honourable Alan B. Gold1979–1983

9Thirty Years of Service in Judicial Ethics

INFORMATION AND TRAINING In February 1991, the Council adopted

a communications policy aimed at

providing judges and the general

public with better information.

This led to more comprehensive

activity reports.

The Council’s inability to act as the sole body in charge of retraining judges—due to its insufficient resources—led its membersto conclude that the task of organizing training-related activities had to be relegatedto the courts.

Under the guidance of the Court of Québec,which had worked to develop a training framework program, the Council asked thecourts to submit a retraining program—completewith details on related costs—for its approval.This practice prevailed until 1999.

The adopted retraining program proposedgeneral training for judges, specialized trainingfor new judges, basic training for those actingin other jurisdictions in emergency situations,and periodic refresher courses. It also providedall parties with a resourcing and retirementpreparation session.The program also providedfor administrative training for judges called onto act in a management capacity.

This program required an increase in thejudge retraining budget (including legal documentation), which was boosted to some$1.2 million in 1992. This was a considerableimprovement given that in 1979, the trainingbudget was only $325,000. The allotted budget, which was set annually by government

decree and remained roughly the same until1994, was then divided into three components:documentation, judge participation in conferences, and retraining courses.

In 1993, judges were required to take trainingmade mandatory by the new Civil Code ofQuébec. These courses were provided with the help of the Barreau du Québec.

The same year, Judge Bernard Tellier’s term as Council secretary was renewed for one year,and later renewed again in 1994 for the fifthconsecutive year.

1991

Council secretaries André Ouimet

2007–Jean-Pierre Marcotte

1998–2007

Honourable Jean Alarie1996–1998

Honourable Bernard Tellier1989–1996

Jean-Pierre Barrette 1979–1989


DU QUÉBEC

KEY DECISIONSA new management structure at the

Court of Québec, adopted by way of

legislative action, came into force on

September 1, 1994. It once again

modified the composition of the

Council, whose membership was

decreased from 15 to 14. The

administration of the Court of

Québec then included a senior

associate chief judge and three

associate chief judges, in addition

to the chief judge.

Judge Louis-Charles Fournier, who wasappointed chief judge of the Court of Québecon August 30, 1995, assumed his new positionon September 1, when he became the newchair of the Conseil de la magistrature.

On December 14, 1995, a Supreme Court in Ruffo v. Conseil de la magistrature, (1995) 4 R.C.S. 267, ruling answered a certain numberof questions that had been raised in previous

years before the Council, the inquiry committees,the Superior Court, and the Court of Appeal.The provisions of the Act—concerning, amongother things, how complaints are processed bythe Conseil de la magistrature, the compositionof the Council and inquiry committees, a chiefjudge’s power to lodge a complaint, and thenature of the powers of the Council and itscommittees—had been submitted to the highest court, which validated their appli-cation by the Council and its committees.

This raised other ethical issues, which wereanswered in the inquiry committees and courts.

1994-1995


HEADQUARTERS MOVED FROMMONTRÉAL TO QUÉBEC CITYDECEMBER 20, 1995

In a major shift, the Québec

government established the Conseil

de la magistrature headquarters in

Québec City.

On February 28, 1996, Judge Jean Alarie wasappointed Council secretary to replace JudgeBernard Tellier.

On August 28 of the same year,Judge Huguette St-Louis was appointed chief judge of the Court of Québec, which also made her the chair of the Conseil de la magistrature du Québec.

Also in 1996, the Council gained greaterfinancial independence with regard to its operations and judicial ethics. This budgetcame from the Consolidated Revenue Fund.The Council also gained full responsibilityover the acquisition of legal documentationand retraining.

1995-1996


DU QUÉBEC

1997

MEETING CHALLENGESIn 1997, due to a wave of budget

cuts imposed by the Government of

Québec, which was trying to eliminate

all deficits from its administration in

what was informally called the effort

to achieve a “zero deficit”, the Conseil

de la magistrature had to take an

innovative approach to finding the

means to carry out its mandates on

a smaller budget.

In April 1997, an agreement was reached withthe Université de Montréal Centre derecherche en droit public to make it possibleto consult inquiry committee reports via theresearch center’s website.

In Ottawa, the Department of CanadianHeritage reevaluated all agreements signedwith the provinces and territories from the

perspective of budgetary restraint. As a result,the Government of Canada’s maximum contribution was set at $20,000 instead of $35,000.

Still in 1997, the Secrétariat du Conseil and the Office of the Commissioner forFederal Judicial Affairs signed an agreement to organize individual and small group second-language courses for Québec judges.


MOVING TOWARDS MODERNIZATIONThe years 1998 to 2007 were years of

processing Conseil de la magistrature

decisions, disseminating judicial ethics

caselaw, and developing tools for

Council members, judges, and the

general public with regard to ethics

and legal information.

The Council’s composition was modified once again in 1998 with the addition of the chief judge from the municipal courts,which brought the number of members backup to 15.

Jean-Pierre Marcotte was appointed secretaryof the Council on September 21, 1998, inaccordance with the new provisions of the Act,which since 1997 stipulated that the secretaryhenceforth be a lawyer and not a judge.

In 1998, the committee tasked the previousyear with reviewing the complaint processingprocess submitted its report to the Council,which is currently reviewing it. This documentis aimed at streamlining complaint processing,while respecting the rights of both those filingthe complaint and the judges concerned.

1998-2007


DU QUÉBEC

1999

THE COUNCIL TURNS TO IT

Just as the legal documentation

budget was subject to a new policy,

the training budget was also reviewed

in 1999. The courts received an overall

budget based on the number of judges

on staff and had to submit their

program to the Council for approval.

Legal documentation for judges—which up to then was available essentially on paper—started to be computerized.

The Council produced a document to serve as food for thought on the functions or activities that are incompatible with the duties of a judge.

Thanks to timely budgetary efforts by theMinistère de la Justice, the Conseil de la magistrature du Québec was able to host judges from Canadian provincial courts as it had done in 1990. But the congresses and conferences the Council was forced toabandon in 1997 and 1998 for lack ofresources did not resurface until 2002.

On February 24, 2000, the Court of Appeal inConseil de la magistrature v. Commission d’accèsà l’information, (2000) R.J.Q. 638, declared theAct respecting Access to documents held by publicbodies and the protection of personal information

inoperative with regard to the Council’s ethics-based activities. However, it stipulated that interms of ethics, the Council acts like a court oflaw and thus exercises true judicial power.

By virtue of an agreement with the Conseil de la magistrature, the Société québécoise d’information juridique (SOQUIJ) undertook to process, summarize, and document theCouncil’s decisions in the review phase. It alsoagreed to review inquiry reports and createdatabanks available on its website.

NEW TOOLS SERVING THE COUNCIL

In 2001, the Council developed two

new research tools to provide better

monitoring of its administrative

operations: a proceedings research

databank and a complaint databank.

2001

Council statistics over the years

In 1978, the Council received5 complaints

In 1988, it received37 complaints

In 1998, the total was76 complaints

In 2008 so far, it has received 100 complaints

The Council in brief...

QUÉBEC'S JUDICIAL COUNCIL REACHES ITS CLIENTELE

Through its website and by publishing a pamphlet that explains the complaint handling procedure,

the Conseil de la magistrature strives to increase public awareness of its existence and what it does.

The Council's website makes it possible for everyone who consults it to have access to a wide range

of information—for instance, to find out the status of the Council's jurisprudence, the role of the

inquiry committees as well as full information for anyone wanting to file a complaint with the Council.

2002

The Council decided to produce the

Colloquium Proceedings from 2002

as well as those for 2003, 2004, 2006,

and 2007.

An amendment to the Act stipulated that thechief judge of the municipal courts wouldbecome one of the four assistant chief judgesof the Court of Québec. This did not have anyeffect on the Council’s composition becausethe chief judge of the municipal courts hadalready been sitting on the Council since 1998.The Council therefore still had 15 members.

Another amendment to the Act submitted allmunicipal judges to the same code of ethics.The contents of the code of ethics could varydepending on whether the judges worked fulltime or part time. The Council asked a committee to develop a draft code.

COLLOQUIUMS LEAVE THEIR MARK


DU QUÉBEC


THE COUNCIL LAUNCHES ITS WEBSITEUnder a 2003 agreement, the Conseil

de la magistrature du Québec and the

Centre d’accès à l’information

judiciaire (CAIJ) agreed to pool their

respective library information

resources together in courthouses.

On April 1, 2003, the Council took a big step forward and launched its website(www.cm.gouv.qc.ca). The site provides thepublic with information on the Council,including its activity reports, inquiry reports,the acts and regulations that apply to theCouncil’s activities, and various useful publications.

Judge Guy Gagnon, who was appointed chiefjudge of the Court of Québec on September 24,2003, became the 6th chair of the Conseil dela magistrature.

In order to review the draft code produced by the committee tasked with developing it in 2002, the Council convened full- and part-time municipal judges for a consultationmeeting on May 2, 2003. On June 18, 2003,the Council adopted this code of ethics by regulation, published it in the Gazette officielle,and submitted it to the government.

2003


DU QUÉBEC

2004

PRESIDING JUSTICES OF THE PEACE In 2004, the Québec National Assembly

adopted a bill amending the Courts

of Justice Act, which created a new

category of judges: presiding justices

of the peace. Presiding justices of the

peace were placed under the authority

of the chief judge of the Court of

Québec and made subject to the

ethical jurisdiction of the Council,

which is responsible for overseeing

their training.

The Act instituting presiding justices of thepeace stipulated that they remain subject tothe Judicial Code of Ethics until the Counciladopted special provisions concerning them, aswarranted. Upon review, the Council decidedthat presiding justices of the peace would besubject to the Judicial Code of Ethics as is andwithout any modifications. That same year, thegovernment then appointed 27 new presidingjustices of the peace.

The Federal Department of Justice once again agreed to help fund English coursesunder the Access to Justice in Both OfficialLanguages Support Fund. The Council signed a three-year agreement that set the government’s annual contribution at $90,000.


AN INTERNAL COMPUTER NETWORK On April 1, 2005, the Council

developed an intranet, INTRAMAGIS,

reserved for the judiciary and designed

to give judges easy access to legal

documentation available online. Before

the system could go online, the Council

had to negotiate with publishers to

obtain the authorizations required

for access to their publications.

This site also presents administrative information about the courts and the Conseil de la magistrature.

Also in 2005, the Council adopted a new language training program that redefined the new requirements for taking part in the small-group second language classes,immersion sessions, and specialized trainingsessions.

2005-2006


DU QUÉBEC

AN ADVISORY COMMITTEEIn 2005, the Council proposed the

creation of an ethical advisory

committee that judges could consult

for advice on certain ethical issues. It

called on the Conférence des juges du

Québec and the Conférence des juges

municipaux du Québec for help with

this initiative. Since it is responsible

for ensuring compliance with judicial

ethics, the Conseil de la magistrature

cannot itself play an advisory role

for judges because it must rule on

complaints it receives about them.

This ethical advisory committee is designed tobe completely independent of the Council. Itsmembers are appointed by another committeeformed by the Council. It is made up of aCouncil representative, the chair of theConférence des juges du Québec and the chair ofthe Conférence des juges municipaux du Québec.

A Pioneering Initiative: Publication of awork on Judicial Ethics

In November 2005, Pierre Noreau andChantal Roberge published a document entitled Applied Judicial Ethics. The previousyear, the Council had asked the Université de Montréal Centre de recherche en droit publicto develop an annotated code based on theinformation contained in the Société québécoised’information juridique databanks. It reviewed

all decisions by the Council, the Councilinquiry committees, and courts. The electronicversion of this work can be consulted on theCouncil’s website.

In 2006, the Council produced an informationleaflet on complaints processing. It replacedtwo documents previously published on theConseil de la magistrature and judicial ethics.The leaflet was designed to help broaden thepublic’s understanding of the Conseil de lamagistrature, its jurisdiction, and how itprocesses complaints.

2005-2006


INNOVATIVE PAPERLESS COUNCIL IMPLEMENTED

A new secretary, André Ouimet, took

office on May 28, 2007.

In an effort to update operations, the Council sought to cut its paper use as much as possible. Following the example of the service it provided judges in 2004, the Council developed its own intranet network to givemembers quick access to the documents theyneed for their meetings.

Council members thus have access to allcaselaw established by the Council, deliberationssince the Council’s inception, the issues discussed in each of its meetings, variouscaselaw and law databanks, online legal documentation, and the annotated code.

When the 2004 three-year agreement betweenthe Council and the Federal Department ofJustice ended, the Council took steps toextend the grant it had received for secondlanguage training. The grant was extendedunder a Canada-Québec agreement.

2007


DU QUÉBEC

2008

A BREATH OF FRESH AIRThe main highlight of 2008 is the

international congress bringing

together not the only judges under

the Council’s jurisdiction, but also

federally appointed judges from

Québec, the rest of Canada, and

around the world. This large scale

event is intended to mark the 30 years

of operation of the Conseil de la

magistrature du Québec and the

20 years of activity of the Court

of Québec.

This 30th anniversary is a chance to pause andreflect upon the events that have marked theCouncil’s short history. It is an opportunity tolook back at the path taken and give insightinto the Council’s future.

The Council would like to take advantage ofthis opportunity to get the federal governmentand other Canadian provincial governmentsinterested in creating and developing a networkto promote the exchange of informationbetween the various judicial councils andorganizations. This network could ideallyextend to various countries with which Canadacould develop ways to exchange expertise andexperience in judicial ethics as well as judgetraining or retraining tools.

The Conseil de la magistrature du Québec is continuing its efforts to persuade the ministèrede la Justice and the Conseil du Trésor to setan objective standard to determine the amountof its budget dedicated to judge training andlegal documentation. This would eliminate theneed for annual discussions on the judiciary’sneeds and bring a level of budgetary stabilitythat will be reflected in the development oftechnological tools such as the intranet forjudges and the Council website to keep thegeneral public informed. These tools clearlyneed to be kept constantly up-to-date.


For a number of years, a Council committeehas been looking into the merit of forming a Québec judge training institute. While evaluating the advantages of a new system,the disadvantages must also be considered.The Council is continuing to explore the bestway to carry out the important mandate ofensuring the professional development of thejudiciary.

A second edition of the document entitledApplied Judicial Ethics is expected for release in the fall. This work by Pierre Noreau andChantal Roberge will undoubtedly serve as a reference tool as well as a calling card for the Council. Available in French and English,it allows the Council to disseminate the main decisions it has made across Québec and elsewhere.

The Conseil de la magistrature du Québec is aninstitution that plays an active role in animportant democratic mission: maintainingpublic trust in legal institutions. This is theobjective that the 6 chairs, 88 members,5 secretaries, and 10 other staff members have worked so hard to achieve over the last30 years. Many judges have also devoted theirtime and effort by taking part in activities totrain their colleagues.

This generous investment has made it possibleto build the institution, to solidly entrench it inthe legal world, and to ensure the respectfuldevelopment of judiciary independence andcitizens’ rights.

The Council in brief...JUDICIAL ETHICS OR PAVING THE WAY TO PERFECTION

The main aim of judicial ethics, as the Supreme Court enlightens us, is to maintain public confidence in

judicial institutions. Judicial ethics form part of judicial independence.This code of conduct is intended

to pave the way to perfection.Every year, the Conseil de la magistrature receives more or less 100 complaints.These complaints come

from various people, but mainly from individuals.The complaint examination process is a relatively simple

one. Although the Council isn't an appeal body to challenge judges' decisions, and many complaints are

dismissed following an initial examination, some do require closer attention. Others are subsequently subject

to a more in-depth examination, and it is at that point that an inquiry committee is set up by the Council.

The role of this committee is purely investigative in nature: to gather the facts and pieces of evidence in

order to submit recommendations to the Council. Any considerations of legal action are therefore ruled out.

Since it was first established, the Council has handled over 1500 files, and in the great majority of

cases, it had to be concluded that they were unfounded. In fact, since it was first created, the Council

has accepted 92 complaints for inquiry—or 6% of the total number of complaints received in the

past 30 years.

Over the years, jurisprudence has confirmed the validity of the complaint handling procedure

adopted by the Council.

300 boulevard Jean-Lesage, Suite RC-01Québec City, Québec G1K 8K6

Telephone: 418 644-2196Fax: 418 528-1581

www.cm.gouv.qc.ca

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The Practice of Law in Canada - c.ymcdn.com · several conferences in criminal law sentencing, criminal law for civil lawyers, ... • Member of the General Council of the Quebec