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

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Court of Québec

The Honourable Élizabeth Corte Chief Judge of the 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

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.

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

© 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. 1 Catherine Pilon Partner

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)

© 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. 2 Catherine Pilon Partner

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

© 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. 3 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) 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

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 4 th , 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;

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

4355596_1|NATDOCS 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)

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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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Our Vision

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.

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Our Values

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

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A court that is defined by its judges

S ELECTING 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

Taking Provide selection committee members with advanced training, in accordance with the regulations in effect concrete

action 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

JUDICIAL EDUCATION

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 Concrete expand knowledge, develop skills, and advance the role of judges actions 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

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A court that is defined by its judges

PERSONAL I NVOLVEMENT 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

Concrete Work closely with the permanent advisory committees

actions 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

T HE ADMINISTRATIVE AND APPEAL DIVISION

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 Concrete and clarify its objectives actions Provide Division judges with the support they need to perform their duties in a spirit of cohesion and collegiality

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A court that is defined by its judges

L EGAL S UPPORT

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

ADMINISTRATIVE S UPPORT 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 Concrete Ensure sufficient support staff for judges and identify actions 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

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A court that adapts to citizens’ needs

JUSTICE ADMINISTERED WITHIN T ARGETED T IME FRAMES

The Court seeks to promote access to justice and directs its actions to help ensure justice is rendered within targeted time frames.

Concrete Maintain a balance between the volume of activity and the number of judges in each coordination region actions Provide judges in management positions the tools they need to perform their duties

JUSTICE IN ABORIGINAL C OMMUNITIES

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

Adopt operating procedures and rules of court that are adapted to the specifics of aboriginal communities

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A court that adapts to citizens’ needs

T HERAPEUTIC JUSTICE

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 Concrete in reports produced by various stakeholders working in these areas actions

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

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A court that innovates

C ASE MANAGEMENT AND APPROPRIATE DISPUTE S ETTLEMENT 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 Concrete likely to reduce travel by the parties and attorneys

actions 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 Concrete Promote case management when preliminary inquiry requests actions 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

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A court that innovates

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 Concrete matters in all judicial districts in Québec actions

A SPECIAL “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

C OMMUNICATION METHODS AND I NFORMATION T ECHNOLOGY

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

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

Participate in the information security committee’s (COMSI)

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

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A court that innovates

C OURT REGULATION

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

actions Update the regulation

Create a permanent process for reviewing the regulation

MUNICIPAL 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 Concrete Develop solutions in response to the decrease in the number actions 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

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A dynamic court

O UTREACH

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 Concrete Québec

actions 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

C OMMUNICATIONS

The Court is committed to the quality of its communications.

Concrete Review the Court’s methods of communication with the media, those appearing in court, and the general public actions Update existing Court documents in light of new media

February 7, 2012

14 Court of Québec Public Report 2012 Court of Québec | Public Report 2012 MESSAGE FROM THE CHIEF JUDGE 4 Regions 16 PRESENTATION OF THE COURT OF QUÉBEC 6 ADMINISTRATION OF THE COURT 22 COMPOSITION 8 COURT COMMITTEES 23 Judges in Management Positions 8 THREE-YEAR VISION 2012–2013–2014 24 Judges 10 VISION 24 Presiding Justices of the Peace 10 VALUES 24 Per Diem Judges 11 A court that is defined by its judges 25 JURISDICTION 11 A court that adapts to citizens’ needs 26 Civil Division 11 A court that innovates 27 Criminal and Penal Division 12 A dynamic court 28 Youth Division 13 SPECIALIZED COURTS 29 THE COURT OF QUÉBEC: 14 Human Rights Tribunal 29 PRESENT THROUGHOUT THE PROVINCE Professions Tribunal 29 Area covered 15 Court of Québec Judges by Region 15 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.

4 Court of Québec | Public Report 2012 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

Public Report 2012 | Court of Québec 5 PRESENTATION OF THE COURT OF QUÉBEC As 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

Judge Responsible for Executive Assistant the Administrative Judge Responsible for Judge Responsible for the Administration to Chief Judge and Appeal Division Professional Development International Component Director Me Annie-Claude Gilles Lareau Marie Michelle Lavigne Claude C. Boulanger Me Anne Bélanger Bergeron

Administration Professional Research Management Webmaster Secretariat Development Secretariat Department Support

Coordinating Judge Coordinating Judge Mauricie–Bois-Francs– Coordinating Judge Abitibi-Témiscamingue– Coordinating Judge Coordinating Judge Centre-du-Québec Montréal Nord-du-Québec Montérégie Saguenay–Lac-Saint-Jean

Dominique Slater Denis Saulnier Daniel Bédard Micheline Laliberté Pierre Lortie

Associate Coordinating Associate Coordinating Associate Associate Coordinating Associate Judge Civil Division Judge Criminal Coordinating Judge Judge Criminal Coordinating Judge and Penal Division Youth Division and Penal Division Youth Division Michel A. Pinsonnault Pierre E. Labelle Ann-Marie Jones Ellen Paré Robert Proulx

6 Court of Québec | Public Report 2012 Organization Chart

As of December 31, 2012

Chief Judge

Élizabeth Corte

Senior Associate Chief Judge and Judge Responsible for Presiding Justices Responsible Presiding of the Peace Justice of the Peace

Mario Tremblay Réna Émond

Associate Chief Judge Associate Chief Associate Chief Judge Criminal and Penal Associate Chief Judge Judge Responsible Civil Division Division Youth Division for municipal courts

Pierre E. Audet Danielle Côté Claude C. Boulanger André Perreault

Coordinating Judge Coordinating Judge Coordinating Judge Laval–Laurentides– Coordinating Judge (intérim) Québec– Coordinating Judge Bas-Saint-Laurent– Lanaudière–Labelle Estrie Chaudière-Appalaches Outaouais Côte-Nord–Gaspésie– Îles-de-la-Madeleine Michèle Toupin Alain Désy Charles G. Grenier Lynne Landry Jean-Paul Decoste

Associate Coordinating Associate Coordinating Judge Criminal Associate Coordinating Associate Judge Civil Division and Penal Division Judge Youth Division Coordinating Judge

Charles G. Grenier Chantale Pelletier Lucie Rondeau François Boisjoli

Associate Coordinating Associate Coordinating Judge Civil Division Judge Criminal and Penal Division Jean-Pierre Archambault François Landry

Public Report 2012 | Court of Québec 7 Composition

Judges in Management Positions The 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.

Top row, from left to right Claude C. Boulanger Associate Chief Judge for Youth Division Pierre E. Audet Associate Chief Judge for Civil Division André Perreault Associate Chief Judge Responsible for municipal courts

Bottom row, from left to right Mario Tremblay Senior Associate Chief Judge Élizabeth Corte Chief Judge Danielle Côté Associate Chief Judge for Criminal and Penal Division

Chief Judge The 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 Judge The 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.

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

8 Court of Québec | Public Report 2012 Associate Chief Judges The 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 Judges With 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.

Public Report 2012 | Court of Québec 9 Judges On 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 Peace Presiding 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.

10 Court of Québec | Public Report 2012 Per Diem Judges Since 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 Division Regular Division The 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.

Public Report 2012 | Court of Québec 11 Small Claims Division In 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.T he 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 Division The 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.

12 Court of Québec | Public Report 2012 Youth Division The 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.

Public Report 2012 | Court of Québec 13 THE COURT OF QUÉBEC: PRESENT THROUGHOUT THE PROVINCE

14 Cour du Québec | Rapport public 2012 Area Covered

1 Abitibi-Témiscamingue–Nord-du-Québec 2 Bas-Saint-Laurent–Côte-Nord– 1 Gaspésie–Îles-de-la-Madeleine 3 Estrie 2 4 Laval–Laurentides–Lanaudière–Labelle 10 5 Mauricie–Bois-Francs–Centre-du-Québec 6 Montérégie 7 Montréal 5 9 8 4 8 Outaouais 9 Québec–Chaudière-Appalaches 3 10 Saguenay–Lac-Saint-Jean

7

6

Court of Québec Judges by Region on December 31, 2012

Abitibi-Témiscamingue–Nord-du-Québec 9 Bas-Saint-Laurent–Côte-Nord–Gaspésie–Îles-de-la-Madeleine 16 Estrie 18 Laval–Laurentides–Lanaudière–Labelle 37 Mauricie–Bois-Francs–Centre-du-Québec 13 Montérégie 36 Montréal 86 Outaouais 14 Québec–Chaudière-Appalaches 42 Saguenay–Lac-Saint-Jean 10

Total 2814

4 Including vacant positions.

Public Report 2012 | Court of Québec 15 Regions

Abitibi-Témiscamingue–Nord-du-Québec Coordinating 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-Madeleine Coordinating judge: Jean-Paul Decoste Associate 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.

16 Court of Québec | Public Report 2012 Estrie Coordinating 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 Toupin Associate 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.

Public Report 2012 | Court of Québec 17 Mauricie–Bois-Francs–Centre-du-Québec Coordinating 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.

Montérégie Coordinating judge: Micheline Laliberté Associate coordinating judge (Youth Division): Robert Proulx Associate 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.

18 Court of Québec | Public Report 2012 Montréal Coordinating 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 DIVISION Associate 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 DIVISION Associate 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.

Public Report 2012 | Court of Québec 19 YOUTH DIVISION Associate 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.

Outaouais Coordinating 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.

20 Court of Québec | Public Report 2012 Québec–Chaudière-Appalaches Interim coordinating judge: Charles G. Grenier Associate coordinating judge (Civil Division): Charles G. Grenier Associate coordinating judge (Criminal and Penal Division): Chantale Pelletier Associate 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.

Public Report 2012 | Court of Québec 21 Saguenay–Lac-Saint-Jean Coordinating 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.

22 Court of Québec | Public Report 2012 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.

Public Report 2012 | Court of Québec 23 6 THREE-YEAR VISION 2012–2013–2014

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 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

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.

24 Court of Québec | Public Report 2012 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 judges Selecting the Best Candidates 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 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.

Mentoring The 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 Development The 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.

Public Report 2012 | Court of Québec 25 Personal Involvement of Judges From 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’ needs Justice 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.

26 Court of Québec | Public Report 2012 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 innovates Case 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.

Public Report 2012 | Court of Québec 27 • 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 court Outreach7 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.

Communications In 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.

28 Court of Québec | Public Report 2012 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.

Michèle Pauzé, president

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.T he 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.

Louise Provost, president 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.

Public Report 2012 | Court of Québec 29 This publication was written and produced To order this publication, contact the Office by the Office of the Chief Judge of of the Chief Judge of the Court of Québec : the Court of Québec : Tel. : 418-649-3100 300, boulevard Jean-Lesage, Suite 5.15 Fax. : 418-643-8432 Québec City, Québec G1K 8K6 Email : [email protected] Tel. : 418-649-3424 © Court of Québec, 2013 A limited number of copies of this publication Legal deposit – Bibliothèque nationale was printed. A complete version of the report du Québec, 2013 (in French only) may be consulted on the National Library of Canada Court’s website (www.tribunaux.qc.ca). ISBN : 978-2-550-67212-8

30 Court of Québec | Public Report 2012

1978-2013

Strategic Plan 2013 2018 Earning the Public’s Trust It is my pleasure to present to you Earning the public’s trust. the Conseil de la magistrature’s strategic By embracing this title, the framers plan for 2013–2018. Taking the time of the Conseil’s strategic plan have sought to chart our strategic course is always to establish clear program priorities beneficial for the organization. for the institution’s various players. It invariably gives us an opportunity Our team is already at work and, to take stock, an exercise that, this year, in keeping with its assignment, will allows us to see just how far the Conseil develop activity reports that track has come in its 35 years of existence. he progress we make toward achieving these priorities. Readers can use these While today’s Conseil differs in many public reports to ascertain what has ways from that of 1978, its primary been accomplished. objective – earning the public’s trust – hasn’t changed. These words are more The strategic plan and annual activity than a slogan; they allude to the plan reports are integral to the ideal mindset and motivation of those who of transparency and accountability the make up the Conseil. Conseil has long aspired to. We invite you to monitor our progress and, As a legal institution, the Conseil is in the spirit of today’s participatory responsible for maintaining and democracy, let us know how we are strengthening the bond of trust that doing. exists between citizens and the justice system. This takes the form of specific In its dealings with legal professionals, actions that are described in this private citizens, and those who come document. before the court, the Conseil de la magistrature is committed to The strategic plan reiterates the discharging its duties with discipline, Conseil’s commitment to act with dignity, and empathy, ensuring that its characteristic discipline and attests rule of law is upheld. to its determination to fulfill, with all due integrity, the functions conferred upon it by the Courts Secretary of the Conseil of Justice Act. de la magistrature

Chair of the Conseil de la magistrature, André Ouimet Lawyer

Élizabeth Corte Chief Judge of the Court of Québec Our vision

To actively contribute Our to improving the bond of trust between mission the public and judicial institutions, and to ensure leadership The Conseil de la magistrature in judicial ethics. du Québec is a legal institution tasked with ensuring that Our judges have access to the best professional development values programs, guaranteeing that the judiciary has access to In its daily undertakings, complete legal documentation the Conseil’s actions are dictated on all available media, receiving by ethics, listening, and examining complaints about and the following values: the judiciary, and promoting the efficacy and standardization Independence and impartiality of proceedings before the courts. Creativity and innovation The Conseil’s mission also involves Quality of service working closely with organizations outside Québec that are engaged in similar pursuits. Context

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

Ensure that the judiciary always Receive and examine complaints has access to the best professional against judges development programs Private citizens may file complaints about The Conseil provides organized training the performance of judges. These complaints activities for courts and tribunals based are examined in light of judicial codes on a pre-approved program. It verifies of ethics which, while not prescriptive, set implementation and ensures that budgets forth general principles relating to judges’ are respected. behavior in court and in public. Complaints are reviewed by the Conseil in full session, In addition, it works closely with judges with the Secretariat providing support to organize an annual conference and English to those who examine the complaints and language training activities. The Conseil also investigate judicial conduct. The Secretariat provides financial support so recent appointees also responds to queries and information from Québec can attend a training session requests, and ensures that the website for new Canadian criminal court judges. remains user-friendly.

Propose a technology vision Enhance the efficacy and solutions that enable judges and standardization to access legal documentation of court proceedings in real time and in a user-friendly manner. The justice system faces numerous challenges, many of them involving courts To keep their knowledge current, judges under Conseil oversight. The Conseil can must have access to the tools of their trade: help them improve the administration laws, regulations, and reference works. of justice. To provide it, the Conseil has put information online and created an intranet giving users To remain a dynamic organization access to myriad databases and numerous widely known for its leadership reference volumes. The Conseil must cooperate with A partnership agreement with Centre d’accès international bodies outside Québec à l’information juridique (CAIJ) also provides that play a role similar to its own. access to various databases and libraries The [Courts of Justice] Act requires us located throughout Québec. 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. Strategic guidelines

In accordance with its mission and current conditions, the Conseil will pursue the following strategic priorities over the next five years:

Organize professional Propose a technology vision and solutions development programs that judges can use to access current legal for judges documentation in real time, and in a user friendly manner 3 The Conseil’s efforts fall aREAS into three areas of activity. 2 Conseil actions fall aREAS within 2 areas of activity Area of activity A responsive and responsible Conseil Area of activity Provide easy access to legal documentation Objective > Work closely with those responsible Objectives for professional development in the courts > Seek out the most advanced means of accessing and tribunals to obtain all information needed legal documentation to fully take on its mandate in this area > Propose a vision for accessing legal documentation that takes into account advances in information technologies, Area of activity and urge judges to adopt them Training that meets all needs > Make all legal documentation pertaining to judges’ Objectives responsibilities available in commonly used formats > coordinate the organization of the annual conference and all Conseil-approved activities Area of activity Optimize the use of technology to encourage > Foster a collaborative mindset among responsible handling of requests all professional development partners and provide technical support as needed Objectives > Suggest innovative training activities that reflect > Provide judges with comprehensive information the realities of the judiciary enabling them to fully understand regulations governing the acquisition of legal documentation Area of activity > Promote training in conjunction with various legal Optimal professional development databases 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 Receive and examine complaints against judges 2 Conseil actions fall aREAS within 2 areas of activity Remain a dynamic Area of activity organization known Advice for the public and training for judges worldwide as a leader Objectives Conseil actions fall > respond promptly to information requests from 3 aREAS within 3 areas of activity the public > Monitor requests from the public Area of activity Human resources > collaborate at new judge orientation, ethics and code of conduct training sessions, and share Objectives expertise developed by the Conseil with > Ensure ongoing training for personnel tasked the judiciary with responding to requests from the public > Promote ongoing training for members, Area of activity particularly in the area of ethics and codes Analyses, examinations, and investigations of conduct Objectives > Maintain an organization that is reputed > exercise due diligence in examining complaints for discipline and leadership > When examining complaints against judges, show thoroughness and respect for the rule of law Area of activity External communications > analyze how other judicial councils operate in order to compile an assessment and learn from it Objectives > Ensure that all decisions rendered by the Conseil are conveyed to the judiciary and general public > Establish a communications plan while continuing Promote procedural efficacy to disseminate information about the Conseil’s role and standardization in the courts and accomplishments Conseil actions fall 2 Area of activity aREAS within 2 areas of activity Influence and cooperation

Area of activity Objectives Opinions for the Minister of Justice > Coordinate the updating of Applied Judicial Ethics Objectives > Add information on legal ethics to the “Judicial Ethics > Survey best practices regarding procedures and access online” site to justice > With Conseil partners, establish a network > examine laws and the workings of the courts in order of French-language judicial councils, working with to present a recommendation for improving Québec’s the Association of Judicial Disciplinary Counsel 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 300, boulevard Jean-Lesage, Suite RC-01 Québec (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 combined.[2]

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. 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.

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.

*****

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

In this year when all eyes are turned toward our 400 year old capital city, we shouldn’t forget that 2008 is also the thirtieth anniversary of the Conseil de la magistrature. To mark this event, I am delighted to present a document showing the ground we’ve covered since the Council was created.

Guy Gagnon Chair, Conseil de la magistrature Chief Judge, Court of Québec

November 2008 INTRODUCTION

The Conseil de la magistrature du codes of ethics for judges and for part-time Québec, which was created in 1978 municipal judges, process complaints, organize judicial training programs, and implement to ensure compliance with judicial other activities related to the administration of ethics and to review complaints filed justice—notably to provide access to sufficient legal documentation that is constantly refined. against provincially appointed judges, is celebrating its 30th anniversary Although the Council may hear complaints this year. by citizens concerning a judge’s conduct, it cannot revise or modify a judgment, nor does Canada’s judicial councils emerged in the it have the power to order new trials. late 1960s. The first (in Ontario) dates back The composition of the Conseil de la magistrature to 1968, and others were added gradually du Québec has been modified a number of until 1985. times due to changes in the court structure. Many reasons were given for the need to Today it is made up of 15 members who are establish these organizations, but first among under the authority of the chief judge of the them was the perceived need to replace certain Court of Québec: 11 judges from various mechanisms that had been criticized for their Québec courts, two lawyers appointed by the inconsistent handling of certain issues related government upon recommendation of the to ethics in the administration of justice. It Barreau du Québec, and two individuals from was felt that the members of the judiciary the general public who are not legal officers. needed to be monitored by their peers to The chief judge, senior associate chief judge, ensure that they carried out their judicial and four associate chief judges from the roles with constant rigor and that it was time Court of Québec are ex-officio members of to fine tune official judge training programs. the Council. The other members are appointed Across Canada, judicial councils were given by the government for a maximum three-year a variety of roles, but they all share the term. At the end of their term, all members common objective of ensuring compliance remain in office until they are reappointed with judicial ethics. or replaced. The Québec organization was instituted on As such, the Council consists of one judge July 19, 1978, under the Act to amend the who is the chair of a municipal court, one Courts of Justice Act and the Code of Civil judge chosen from among the persons Procedure and instituting the Conseil de la exercising the functions of president of the magistrature. The Québec National Assembly Human Rights Tribunal or chair of the followed the recommendations proposed by Professions Tribunal, two judges chosen from the Minister of Justice in 1975 in his paper among the judges of the Court of Québec entitled Livre blanc sur la justice contemporaine. and appointed upon recommendation of The Council was assigned the following the Conférence des juges du Québec, and one duties, which it still performs today: develop judge chosen from among the judges of the

2 CONSEIL DE LA MAGISTRATURE DU QUÉBEC municipal courts and appointed upon Although presented this way the Council’s recommendation of the Conférence des juges structure may appear simple, it has nonetheless municipaux du Québec. gone through many crucial stages that have marked its evolution. Its path has been wrought Which judges fall under the jurisdiction of with questions and various modifications have the Conseil de la magistrature? The some been made as the need has arisen. Today, the 400 judges appointed by the Government of future looks bright and every possible effort is Québec who work in the following courts and being made to build a communication network tribunals: the Court of Québec (including the between the various judicial councils and Small Claims Division), the Human Rights organizations in Canada and abroad. Tribunal, the Professions Tribunal, and the municipal courts. The Council also has jurisdiction over presiding justices of the peace.

Members of the first Conseil de la magistrature Louis Philippe de Grandpré, Lawyer (1979–1982) Jacques de Billy, Lawyer (1979–1981)

Honourable Alan B. Gold, President (1979–1983) Estelle Nepveu Bilodeau (1979–1987) Ludovic Pelletier (1979–1982) Honourable Bernard Tellier, Judge (1979–1987) Honourable Georges Chassé, Judge (1979–1985) Jean-Pierre Barrette, Secretary (1979–1989) 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) 1978-1997

CREATION AND INSTITUTION

The first year for the Conseil de la The main legislative changes involved extending magistrature was one of setup and the Act to apply to part-time municipal judges (1980), extending it to apply to presiding organization. justices of the peace (2004), and modifying the secretary appointment process. In 1978, The provisions of the act governing the the Act stipulated that the secretary had to be Council’s activities, which appear in Part VII a lawyer. In 1987, the Act was amended to of the Courts of Justice Act under the heading require the secretary to be chosen from among The Conseil de la magistrature, Refresher judges. In 1997, a provision governing the Programs for Judges and Judicial Ethics, extend secretary appointment process once more its jurisdiction to judges appointed by virtue of required the secretary to be a lawyer. this same act; to judges at the municipal courts of Laval, Montréal, and Québec City; and to From the early years, the Council developed justices of the peace with extended powers. codes of ethics and took inventory of judges’ legal documentation needs while also In the last 30 years, the Council’s composition developing professional training programs. is not the only thing that has changed, and as the structure of courts has changed over time, so too, to some degree, have the provisions of the initial act.

1978 1993

2008

4 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 1978-1979

THE FIRST STEPS

The first Council chair was Alan B. These activities were organized jointly with the Gold, Chief Judge of the Provincial Conférence des juges du Québec, which oversaw judge training before the Council was created. Court. At that time and through 1988, In addition to ensuring that judges’ legal the Act stipulated that the chair had knowledge stayed constantly up-to-date, judge training also included an English language skill to be the chief judge of the Provincial development component. Court.

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

The Council’s headquarters were established at the Montréal Palais de justice by virtue of a government decree issued on November 8, 1978.

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

In 1979, the Council adopted its first internal management regulations, which were adapted over time to take into account its changing activities.

In fall 1979, the first two study days were held on judge training. These meetings brought together all judges involved in certain activities organized by other institutions, including the Bar Association and universities. 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 1980-1982

TWO CODES OF ETHICS

In 1980, an amendment to the Act This led to the adoption of the Judicial Code of brought part-time municipal judges Ethics as well as a code of ethics for part-time municipal judges in 1982 after the Conseil de under the jurisdiction of the Conseil de la magistrature had approved both documents la magistrature. That same year, the the year before.

new organization produced its first The Judicial Code of Ethics applies to all annual report setting out its activities. judges appointed by virtue of the Courts of Justice Act; to judges at municipal courts in Meanwhile, the Canadian Association of Laval, Montréal, and Québec City; and Provincial Court Judges partnered with the justices of the peace with extended powers. provinces to organize specialized training on criminal issues for new judges.

The job of purchasing, renewing, and updating volumes and subscriptions—formerly the responsibility of the Minister of Justice—now went to the Conseil de la magistrature, which closely monitored the operations of its library committee. In addition to listing the volumes indispensable to judges, the library committee was put in charge of setting up libraries in courthouses in the outlying regions of Québec in collaboration with the Ministère de la Justice and Barreau du Québec.

After having consulted all judges in 1980 and 1981, the ethics committee drew up two codes of ethics in order to take into account the special situation of part-time municipal judges.

6 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 1982-1987

ADMINISTRATIVE AUTONOMY

In the same period, after numerous succeeded by Judge Gaston Rondeau, who had initiatives with the Ministère de la been appointed chief judge of the Provincial Court on December 21, 1983. Justice, the Conseil de la magistrature managed to assume full administrative The number of Council members increased from 13 to 14 in 1986 with the addition autonomy over the judge retraining of a part-time municipal judge upon budget. This prompted it to proceed recommendation of the Conférence des juges with its efforts to land the budget it municipaux. needed to fund all of its activities. The Commissioner of Official Languages covered 50% of the costs of week-long English Judge Alan B. Gold, who had acted as chair immersion programs for judges from 1983 to since 1979, resigned on August 10, 1983, 1987, inclusively. upon being appointed as chief justice of the Superior Court. Very early in 1984, he was

The Council in brief...

courses in various formats that foster the acquisition of PROFESSIONAL DEVELOPMENT AND LEGAL DOCUMENTATIONknowledge and keeping the judges up to date, generally OR THE HIDDEN FACE OF THE CONSEIL DE LAin aMAGISTRATURE context that promotes exchanges and meetings. The role of the Conseil de la magistrature—Québec's judicial The Conseil de la magistrature's annual seminar is an Council—is to set up information, training and professional opportunity to address topics of interest to the judiciary development programs for court judges and presiding justices as a whole.The seminar provides food for thought and of the peace who come under its authority; moreover, it is the discussions favouring exchanges in plenary sessions and Council that provides the legal documentation that judges small groups. need in order to efficiently carry out their responsibilities. The Council also gives judges a chance to perfect their INTRAMAGIS is the name of the judiciary's Intranet. English-language skills. And the Council occasionally Since it was created, judges have had access to all banks joins with other groups, such as the Canadian of legal data, laws, regulations, jurisprudence and doctrine, Association of Provincial Court Judges, to organize in all fields of law… and everything is just one click away. specific training, such as specialized sessions on criminal law. 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 1988-1997

A DECADE OF QUESTIONS AND CHANGES

Modifications to the court structure Another major change occurred in December between 1988 and 1997 triggered 1989, when the Superior Court established that inquiry committees would exercise judicial changes in the composition of the powers. As such, unless otherwise directed, Conseil de la magistrature. their sessions were to be public and not closed as they had been in the past. In 1993, the The main change, in 1988, was to bring the Superior Court was called on once more to Provincial Court, the Court of the Sessions of issue a ruling, this time on the process for the Peace, and the Youth Division under the forming an inquiry committee. On this specific umbrella of the Court of Québec. point, it concluded that since this was neither a judicial nor a quasi-judicial proceeding, it The second change was made in 1995 to could be closed. modify the Court of Québec’s administrative structure to include a chief judge, a senior In 1991, the Council’s composition was associate chief judge, and three associate altered again: an additional member was chief judges. appointed from among those exercising the functions of chief judge of the Labour Court, By law, when Albert Gobeil was appointed president of the Human Rights Tribunal, or chief judge of the Court of Québec he also chair of the Professions Tribunal. became chair of the Conseil de la magistrature du 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, who was appointed by decree for a three-year term. This complied with the recent amendment stipulating that the secretary be chosen Council presidents from among the judges and appointed by Honourable Guy Gagnon 2003– the government. Honourable Huguette St-Louis 1996–20031995–1996

Honourable Louis-Charles Fournier

Honourable Albert Gobeil 1988–1995

Honourable Gaston Rondeau 1983–1988

Honourable Alan B. Gold 1979–1983

8 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 1991

INFORMATION AND TRAINING

In February 1991, the Council adopted decree and remained roughly the same until a communications policy aimed at 1994, was then divided into three components: documentation, judge participation in providing judges and the general conferences, and retraining courses. public with better information. In 1993, judges were required to take training This led to more comprehensive made mandatory by the new Civil Code of activity reports. Québec. These courses were provided with the help of the Barreau du Québec. The Council’s inability to act as the sole body in charge of retraining judges—due The same year, Judge Bernard Tellier’s term to its insufficient resources—led its members as Council secretary was renewed for one year, to conclude that the task of organizing and later renewed again in 1994 for the fifth training-related activities had to be relegated consecutive year. to the courts.

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

The adopted retraining program proposed general training for judges, specialized training for new judges, basic training for those acting in other jurisdictions in emergency situations, and periodic refresher courses. It also provided all parties with a resourcing and retirement Council secretaries preparation session. The program also provided for administrative training for judges called on André Ouimet 2007– to act in a management capacity. Jean-Pierre Marcotte 1998–2007 Honourable Jean Alarie 1996–1998 This program required an increase in the Honourable Bernard Tellier 1989–1996 judge retraining budget (including legal documentation), which was boosted to some Jean-Pierre Barrette 1979–1989 $1.2 million in 1992. This was a considerable improvement given that in 1979, the training budget was only $325,000. The allotted budget, which was set annually by government

Thirty Years of Service in Judicial Ethics 9 1994-1995

KEY DECISIONS

A new management structure at the years before the Council, the inquiry committees, Court of Québec, adopted by way of the Superior Court, and the Court of Appeal. The provisions of the Act—concerning, among legislative action, came into force on other things, how complaints are processed by September 1, 1994. It once again the Conseil de la magistrature, the composition of the Council and inquiry committees, a chief modified the composition of the judge’s power to lodge a complaint, and the Council, whose membership was nature of the powers of the Council and its decreased from 15 to 14. The committees—had been submitted to the highest court, which validated their appli- administration of the Court of cation by the Council and its committees. Québec then included a senior This raised other ethical issues, which were associate chief judge and three answered in the inquiry committees and courts. associate chief judges, in addition to the chief judge.

Judge Louis-Charles Fournier, who was appointed chief judge of the Court of Québec on August 30, 1995, assumed his new position on September 1, when he became the new chair 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 number of questions that had been raised in previous

10 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 1995-1996

HEADQUARTERS MOVED FROM MONTRÉAL TO QUÉBEC CITY DECEMBER 20, 1995

In a major shift, the Québec Also in 1996, the Council gained greater government established the Conseil financial independence with regard to its operations and judicial ethics. This budget de la magistrature headquarters in came from the Consolidated Revenue Fund. Québec City. The Council also gained full responsibility over the acquisition of legal documentation On February 28, 1996, Judge Jean Alarie was and retraining. appointed Council secretary to replace Judge Bernard 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.

Thirty Years of Service in Judicial Ethics 11 1997

MEETING CHALLENGES

In 1997, due to a wave of budget perspective of budgetary restraint. As a result, cuts imposed by the Government of the Government of Canada’s maximum contribution was set at $20,000 instead Québec, which was trying to eliminate of $35,000. all deficits from its administration in Still in 1997, the Secrétariat du Conseil what was informally called the effort and the Office of the Commissioner for to achieve a “zero deficit”, the Conseil Federal Judicial Affairs signed an agreement de la magistrature had to take an to organize individual and small group second- language courses for Québec judges. innovative approach to finding the means to carry out its mandates on a smaller budget.

In April 1997, an agreement was reached with the Université de Montréal Centre de recherche en droit public to make it possible to consult inquiry committee reports via the research center’s website.

In Ottawa, the Department of Canadian Heritage reevaluated all agreements signed with the provinces and territories from the

12 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 1998-2007

MOVING TOWARDS MODERNIZATION

The years 1998 to 2007 were years of In 1998, the committee tasked the previous processing Conseil de la magistrature year with reviewing the complaint processing process submitted its report to the Council, decisions, disseminating judicial ethics which is currently reviewing it. This document caselaw, and developing tools for is aimed at streamlining complaint processing, while respecting the rights of both those filing Council members, judges, and the the complaint and the judges concerned. 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 back up to 15.

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

Thirty Years of Service in Judicial Ethics 13 1999

THE COUNCIL TURNS TO IT

Just as the legal documentation inoperative with regard to the Council’s ethics- budget was subject to a new policy, based activities. However, it stipulated that in terms of ethics, the Council acts like a court of the training budget was also reviewed law and thus exercises true judicial power. in 1999. The courts received an overall By virtue of an agreement with the Conseil budget based on the number of judges de la magistrature, the Société québécoise on staff and had to submit their d’information juridique (SOQUIJ) undertook program to the Council for approval. to process, summarize, and document the Council’s decisions in the review phase. It also Legal documentation for judges—which up agreed to review inquiry reports and create to then was available essentially on paper— databanks available on its website. 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 the Ministère 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 to abandon in 1997 and 1998 for lack of resources did not resurface until 2002.

On February 24, 2000, the Court of Appeal in Conseil de la magistrature v. Commission d’accès à l’information, (2000) R.J.Q. 638, declared the Act respecting Access to documents held by public bodies and the protection of personal information

14 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 2001

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.

Council statistics over the years In 1978, the Council received 5 complaints

In 1988, it received 37 complaints

In 1998, the total was 76 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

COLLOQUIUMS LEAVE THEIR MARK

The Council decided to produce the Another amendment to the Act submitted all Colloquium Proceedings from 2002 municipal judges to the same code of ethics. The contents of the code of ethics could vary as well as those for 2003, 2004, 2006, depending on whether the judges worked full and 2007. time or part time. The Council asked a committee to develop a draft code. An amendment to the Act stipulated that the chief judge of the municipal courts would become one of the four assistant chief judges of the Court of Québec. This did not have any effect on the Council’s composition because the chief judge of the municipal courts had already been sitting on the Council since 1998. The Council therefore still had 15 members.

16 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 2003

THE COUNCIL LAUNCHES ITS WEBSITE

Under a 2003 agreement, the Conseil On April 1, 2003, the Council took a de la magistrature du Québec and the big step forward and launched its website (www.cm.gouv.qc.ca). The site provides the Centre d’accès à l’information public with information on the Council, judiciaire (CAIJ) agreed to pool their including its activity reports, inquiry reports, the acts and regulations that apply to the respective library information Council’s activities, and various useful resources together in courthouses. publications.

Judge Guy Gagnon, who was appointed chief judge of the Court of Québec on September 24, 2003, became the 6th chair of the Conseil de la 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 consultation meeting 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.

Thirty Years of Service in Judicial Ethics 17 2004

PRESIDING JUSTICES OF THE PEACE

In 2004, the Québec National Assembly The Act instituting presiding justices of the adopted a bill amending the Courts peace stipulated that they remain subject to the Judicial Code of Ethics until the Council of Justice Act, which created a new adopted special provisions concerning them, as category of judges: presiding justices warranted. Upon review, the Council decided that presiding justices of the peace would be of the peace. Presiding justices of the subject to the Judicial Code of Ethics as is and peace were placed under the authority without any modifications. That same year, the of the chief judge of the Court of government then appointed 27 new presiding justices of the peace. Québec and made subject to the ethical jurisdiction of the Council, The Federal Department of Justice once again agreed to help fund English courses which is responsible for overseeing under the Access to Justice in Both Official their training. Languages Support Fund. The Council signed a three-year agreement that set the government’s annual contribution at $90,000.

18 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 2005-2006

AN INTERNAL COMPUTER NETWORK

On April 1, 2005, the Council This site also presents administrative developed an intranet, INTRAMAGIS, information about the courts and the Conseil de la magistrature. reserved for the judiciary and designed to give judges easy access to legal Also in 2005, the Council adopted a new language training program that redefined documentation available online. Before the new requirements for taking part in the system could go online, the Council the small-group second language classes, had to negotiate with publishers to immersion sessions, and specialized training sessions. obtain the authorizations required for access to their publications.

Thirty Years of Service in Judicial Ethics 19 2005-2006

AN ADVISORY COMMITTEE

In 2005, the Council proposed the all decisions by the Council, the Council creation of an ethical advisory inquiry committees, and courts. The electronic version of this work can be consulted on the committee that judges could consult Council’s website. for advice on certain ethical issues. It In 2006, the Council produced an information called on the Conférence des juges du leaflet on complaints processing. It replaced Québec and the Conférence des juges two documents previously published on the municipaux du Québec for help with Conseil de la magistrature and judicial ethics. The leaflet was designed to help broaden the this initiative. Since it is responsible public’s understanding of the Conseil de la for ensuring compliance with judicial magistrature, its jurisdiction, and how it processes complaints. 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 to be completely independent of the Council. Its members are appointed by another committee formed by the Council. It is made up of a Council representative, the chair of the Conférence des juges du Québec and the chair of the Conférence des juges municipaux du Québec.

A Pioneering Initiative: Publication of a work on Judicial Ethics

In November 2005, Pierre Noreau and Chantal Roberge published a document entitled Applied Judicial Ethics. The previous year, the Council had asked the Université de Montréal Centre de recherche en droit public to develop an annotated code based on the information contained in the Société québécoise d’information juridique databanks. It reviewed

20 CONSEIL DE LA MAGISTRATURE DU QUÉBEC 2007

INNOVATIVE PAPERLESS COUNCIL IMPLEMENTED

A new secretary, André Ouimet, took When the 2004 three-year agreement between office on May 28, 2007. the Council and the Federal Department of Justice ended, the Council took steps to In an effort to update operations, the extend the grant it had received for second Council sought to cut its paper use as much language training. The grant was extended as possible. Following the example of the under a Canada-Québec agreement. service it provided judges in 2004, the Council developed its own intranet network to give members quick access to the documents they need for their meetings.

Council members thus have access to all caselaw established by the Council, deliberations since the Council’s inception, the issues discussed in each of its meetings, various caselaw and law databanks, online legal documentation, and the annotated code.

Thirty Years of Service in Judicial Ethics 21 2008

A BREATH OF FRESH AIR

The main highlight of 2008 is the The Conseil de la magistrature du Québec is international congress bringing continuing its efforts to persuade the ministère de la Justice and the Conseil du Trésor to set together not the only judges under an objective standard to determine the amount the Council’s jurisdiction, but also of its budget dedicated to judge training and legal documentation. This would eliminate the federally appointed judges from need for annual discussions on the judiciary’s Québec, the rest of Canada, and needs and bring a level of budgetary stability around the world. This large scale that will be reflected in the development of technological tools such as the intranet for event is intended to mark the 30 years judges and the Council website to keep the of operation of the Conseil de la general public informed. These tools clearly need to be kept constantly up-to-date. magistrature du Québec and the 20 years of activity of the Court of Québec.

This 30th anniversary is a chance to pause and reflect upon the events that have marked the Council’s short history. It is an opportunity to look back at the path taken and give insight into the Council’s future.

The Council would like to take advantage of this opportunity to get the federal government and other Canadian provincial governments interested in creating and developing a network to promote the exchange of information between the various judicial councils and organizations. This network could ideally extend to various countries with which Canada could develop ways to exchange expertise and experience in judicial ethics as well as judge training or retraining tools.

22 CONSEIL DE LA MAGISTRATURE DU QUÉBEC For a number of years, a Council committee The Conseil de la magistrature du Québec is an has been looking into the merit of forming institution that plays an active role in an a Québec judge training institute. While important democratic mission: maintaining evaluating the advantages of a new system, public trust in legal institutions. This is the the disadvantages must also be considered. objective that the 6 chairs, 88 members, The Council is continuing to explore the best 5 secretaries, and 10 other staff members way to carry out the important mandate of have worked so hard to achieve over the last ensuring the professional development of the 30 years. Many judges have also devoted their judiciary. time and effort by taking part in activities to train their colleagues. A second edition of the document entitled Applied Judicial Ethics is expected for release This generous investment has made it possible in the fall. This work by Pierre Noreau and to build the institution, to solidly entrench it in Chantal Roberge will undoubtedly serve as the legal world, and to ensure the respectful a reference tool as well as a calling card for development of judiciary independence and the Council. Available in French and English, citizens’ rights. it allows the Council to disseminate the main decisions it has made across Québec and elsewhere.

Thirty Years of Service in Judicial Ethics 23 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.

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