The Court of Québec Table of Contents Message from the Chief Judge.... 2 1. History.. 2 2. Judges Jurisdiction.... 4 A) Civil Division. 4 Regular Division. 4 Administrative and Appeal Division 4 Small Claims Division 5 B) Criminal and Penal Division.. 5 Special Penal Cases Division.. 5 C) Youth Division.. 6 3. Judicial Activity 7 4. Composition of the Court... 8 A) Judges... 8 B) Presiding Justices of the Peace.... 8 C) Per Diem Judges and Presiding Justices of the Peace.... 9 D) Judges in Management Positions.....9 5. Regional Organization...10 6. Administration.... 10 7. Research Department. 10 8. Professional Development.. 11 9. Ethics and Professional Conduct.. 11 1
Message from the Chief Judge Every day, the Court of Québec relies on the competence, integrity, probity, and humanity of its judges, who are charged with administering the outstanding level of justice to which the people of Québec are entitled. The Court can maintain the trust of those it serves by clearly explaining how the Court of Québec the court of first instance that hears the most cases in Québec operates and is structured. As Chief Judge, I am particularly concerned with improving the public s understanding of the Court. Accordingly, this publication provides an overview of the Court s composition and organization, the jurisdiction of its judges, and the rules of professional conduct that must be observed as we strive to continuously improve. For additional information, I encourage you to read the Court s annual public report, which will give you a snapshot of the vibrant nature of the Court. I also invite you to consult the outcome of the regular reflective process the Court of Québec undertakes most often in the form of a three-year vision 1. I hope that these tools, which are designed to help improve access to justice, will pique your interest. Élizabeth Corte Chief Judge of the Court of Québec 1. History The Court of Québec owes its origins to the Québec Act of 1774, which re-established French law in civil matters and confirmed English law in criminal matters. At that time, the judicial system was comprised of the Court of Common Pleas, circuit courts, a Court of Appeal and the Court of King s Bench, for criminal cases. Over the centuries, the Québec courts underwent many changes, having an impact on their organizational structure as well as on the scope of their jurisdiction. For instance, the Magistrate s Court, created in 1869, became the Provincial Court in 1962, when the Court of Sessions of the Peace was set up in 1908. The first court for children in Québec was created in 1910. It then became the Juvenile Court in 1932 and the Social Welfare Court in 1950. It was later replaced by the Youth Court in 1977. In 1969, the Labour Court came into being, with judges from the Provincial Court. In 1973, the Expropriation Tribunal was formed and some of its members were judges of the Provincial Court. The Court of Québec came into existence in 1988, upon the unification of the Provincial Court whose jurisdiction was strictly civil; the Court of Sessions of the Peace in 1 See the Court website : http://www.tribunaux.qc.ca/mjq_en/c-quebec/index-cq.html. 2
charge of hearing criminal cases; and the Youth Court which had the responsibility of hearing all litigation involving minors. In 1988, the Court consisted of two regional sections: one in Montréal and the other in Québec City. Each one had a civil division, a criminal and penal division as well as a youth division. At that time, the Court also had an expropriation division. In those days, the Court was managed by a chief judge, who was assisted in each of the regional sections by a senior associate chief judge, who in turn benefited from the assistance of associate chief judges (three in Québec City and four in Montréal). Nineteen coordinating judges, residing in the chief locations of the main judicial districts in Québec, completed this team. At the request of the Court, in 1995, the legislator simplified its organization. The regional sections were abolished and the responsibilities of the senior associate chief judge and the associate chief judges were redefined. To coordinate the Court s activities on its territory, ten coordinating judges were appointed. In some regions, the coordinating judge was assisted by one or more associate coordinating judges. In 1998, given the creation of the Administrative Tribunal of Québec, the Expropriation Division was abolished. Then in 2002, the Labour Relations Board was replaced by the Commission des relations du travail. From then on, only penal matters of original jurisdiction, with regard to violations under the Labour Code, came under the competence of the Court of Québec s Criminal and Penal Division, and only the judges appointed by the chief judge had authority to settle these matters. In 2005, yet another type of judge was created, through the appointment of presiding justices of the peace, who perform their responsibilities within the Court of Québec as well. In 2007, the Court of Québec created the Administrative and Appeal Division within the Civil Division. The thirty judges appointed to it have exclusive jurisdiction to hear appeals from decisions rendered by a number of tribunals and administrative agencies. In 2012, the adoption of the bill amending the Courts of Justice Act increased the number of judges at the Court of Québec from 270 to 290, added four associate coordinating judge positions, and created a new position of justice responsible for presiding justices of the peace. In 2012 and 2015, six presiding justices of the peace positions were added, bringing their number to 39. In 2014, the Court created the Special Penal Cases Division. Twenty or so judges from the Criminal and Penal Division occasionally hear cases in this division, under the authority of an associate coordinating judge. In 2016, the adoption of the bill amending the Courts of Justice Act increased the number of judges at the Court of Québec from 290 to 306. 3
2. Judges Jurisdiction The Court of Québec is the court of first instance that hears the largest volume of court cases in the province of Québec. It has jurisdiction over civil matters, criminal and penal matters as well as over youth matters. The Court sits in administrative matters as well, and in appeal, to settle cases provided for by the law. It is also a court of record (section 84 of the Courts of Justice Act). The Professions Tribunal hears appeals relating to professional ethics and the Human Rights Tribunal 2 has the responsibility of hearing appeals based, in particular, on discrimination. The judges who are members of these tribunals are judges of the Court of Québec. A) Civil Division Judges in the Civil Division decide cases presented in both the Regular and Small Claims Divisions, while about thirty of the 80 judges rule on appeals from administrative bodies and courts in the Administrative and Appeal 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. Since January 1, 2016, the judges have authority to hear and determine applications in which the value of the subject matter of the dispute or the amount claimed is less than $85,000, 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. The judges are also empowered to deal with demands for the recovery of municipal or school taxes and for the reversal or setting aside of municipal or school assessment rolls. Judges are responsible for ensuring proper case management and facilitating conciliation when circumstances permit (section 9 of the Code of Civil Procedure). Moreover, the judges hear actions to have a person undergo a psychiatric examination or confined to an institution. Administrative and Appeal Division In 2007, the Court of Québec created the Administrative and Appeal Division (AAD) within the Civil Division for the sake of uniformity, consistency, and efficiency. The judges of this division have exclusive authority to hear appeals from decisions rendered by a number of tribunals and administrative agencies, including Commission d accès à l information, 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. AAD judges are also called to rule on highly complex Revenu Québec decisions on taxation and tax recovery. 2 See http://www.tribunaux.qc.ca/mjq_en/tdp/index-tdp.html. 4
Small Claims Division Since January 1, 2015, judges decide cases involving $15,000 or less payable by an individual or legal entity, a company, an association, or a group without juridical personality that has had no more than 10 employees during the 12-month period preceding the application. In the Small Claims Division, legal representation is not permitted, except when special permission is granted in cases where the dispute raises complex questions of law. Cases are decided using the same legal rules as in the Regular Division, but with a simplified written procedure. At hearings, judges explain the rules of proof and procedure to the parties. They direct the proceedings, question witnesses, hear the parties, and decide issues in dispute. They provide each party with fair and impartial assistance to ensure that the law is rendered effective and carried out. When circumstances allow, judges endeavour to bring the parties to an agreement. The judgement rendered cannot be appealed. Judges in this division also decide taxrelated summary appeals. B) Criminal and Penal Division In Québec, 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 judges from the Criminal and Penal Division may also handle certain applications for judicial authorization for which they have either exclusive or concurrent jurisdiction with the Superior Court or presiding justices of the peace. They preside over release hearings, preliminary inquiries, proceedings that fall within the jurisdiction of a provincial court judge and a judge without a jury, as defined by the Criminal Code, as well as proceedings related to offences punishable on summary conviction. The increase in the number of major police operations requires judges in the Criminal and Penal Division to be extensively available outside of the time they spend hearing cases and writing judgments. In this context, judges and presiding justices of the peace fulfil a variety of duties, ranging from the authorization of search warrants to intercepting private communications. Given the increasing complexity of trials resulting from largescale police operations, Parliament amended the Criminal Code to grant judges additional case management powers. In penal matters, judges hear proceedings initiated under the Code of Penal Procedure or any other provincial or federal penal legislation concerning public welfare. Special Penal Cases Division In 2014, aware of the increasing number of long, complex penal cases, the Court created the Special Penal Cases Division. The judges are specially trained and have developed specific expertise that ensures sounder management of proceedings, better use of judicial resources, and pre-trial settlement of cases through facilitation conferences. 5
The Special Penal Cases Division has developed a momentum of its own, and many cases have been assigned to judges in this division, which ensures that cases are managed more efficiently before and during proceedings. C) Youth Division Section 83 of the Courts of Justice Act establishes the jurisdiction of the Court of Québec in youth-related matters. Youth Protection The Court of Québec hears applications pertaining to the Youth Protection Act. This includes cases concerning minors whose security or development is compromised. Once the concerns have been substantiated on the basis of the evidence submitted, the judge orders one or more protective measures listed in the Youth Protection Act to be carried out for a period determined by the judge. Section 85 of the Youth Protection Act also allows judges to hold settlement conferences. Judges receive special training in judicial conciliation. They receive the parties concerned at confidential conciliation sessions. Adoption Since January 1, 2016, the Court of Québec handles cases that require case management, as defined in the Code of Civil Procedure, particularly contested eligibility for adoption applications. Section 37 of the Code of Civil Procedure specifies that the Court of Québec, to the exclusion of the Superior Court, has jurisdiction to hear and determine applications in adoption matters. This covers eligibility for adoption applications, placement orders, and applications for adoption. The Court has also jurisdiction regarding international adoption, including requests for recognition of foreign judgments. Applications pertaining to child custody, youth emancipation, exercise of parental authority, and tutorship Since January 1st, 2016, if an adoption or youth protection matter is already before the Court of Québec, it may rule on any related application concerning child custody, emancipation, the exercise of parental authority or tutorship requested by the director of youth protection. This new jurisdiction enables parties to appear before the same judge, both in matters of child custody and youth protection. The judge who declares a child s situation to be compromised is usually the same judge who will hear an application for review or extension of an order pertaining to this child s situation. Youth criminal justice The Court of Québec exercises the functions of the youth justice court, in accordance with the Youth Criminal Justice Act. After the Youth Criminal Justice Act came into force in 2002, the Court of Québec was designated as the youth court. The Superior Court has jurisdiction when the youth is accused of one of the crimes listed in Section 469 of the Criminal Code, or if the prosecution asks that the youth be liable to an adult sentence and the youth chooses to be judged by a judge and jury. 6
Judges preside over youth trials for individuals age 12 to 17 at the time the offence was committed under the Criminal Code or under related legislation. They also preside over preliminary inquiries, in addition to hearing applications submitted under the Canadian Charter of Rights and Freedoms. Proceedings initiated under the Code of Penal Procedure The Court of Québec has jurisdiction in proceedings initiated under the Code of Penal Procedure when the defendants are under 18 years of age, or who were under 18 years of age at the time of the offence. These offences chiefly concern the Highway Safety Code and provincial statutory laws. 3. Judicial Activity A judge s primary function is to hear cases and administer justice under the law. Judges are also tasked with presiding over settlement conferences in civil 3 and youth 4 matters as well as management and facilitation conferences in criminal and penal 5 matters. Every day across Québec, some 115 courtrooms are open. It is generally recognized that the number of open cases, the number of cases on a roll, and the number of hearing hours at a court of justice give a general if incomplete picture of the court s activities. Yet, in addition to hearing courtroom cases, judges must also spend time keeping their professional knowledge up-to-date, deliberating on decisions to be handed down, and writing judgments. Every year, the Court of Québec processes around 70,000 civil and 20,000 small claims cases. It also processes over 140,000 criminal and 125,000 penal cases (both provincial and federal). In youth matters, the case volume exceeds 75,000. Each one of these cases may require multiple interventions by a judge. For example, nearly 675,000 criminal cases are entered on the rolls every year. In addition, every year the municipal courts of Québec, which come under the responsibility of an Associate Chief Judge of the Court of Québec, process approximately 17,000 cases involving summary criminal offences, nearly 820,000 contested cases (i.e., where there is a trial), of which about 180,000 are set for hearings in provincial and municipal criminal matters. Municipal by-law violations, including parking violations and violations listed in the Highway Safety Code, are included in this data. Municipal judges also exercise limited jurisdiction in civil matters. In addition to hearing most penal cases, presiding justices of the peace hear approximately 40,000 applications for judicial authorization and the majority of penal 3 See http://www.tribunaux.qc.ca/mjq_en/c quebec/modes_alternatifs_de_reglement_anglais/fs_depliant_civil_ang.html. 4 See http://www.tribunaux.qc.ca/mjq_en/cquebec/modes_alternatifs_de_reglement_anglais/fs_depliant_jeunes_ang.html. 5 See http://www.tribunaux.qc.ca/mjq_en/cquebec/modes_alternatifs_de_reglement_anglais/fs_depliant_crim_ang.html. 7
cases. They also preside over more than 4,500 appearances, primarily on weekends and holidays. It is worth noting that, beyond their regular judicial duties, many judges get personally involved on various Court committees or with other organizations and, from time to time, take part in activities of interest to the Court, the judges, or citizens. 4. Composition of the Court A) Judges In accordance with section 85 of the Courts of Justice Act, the Court of Québec is composed of 306 judges, including the chief judge, the senior associate chief judge and four associate chief judges. According 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, in order to qualify for such a position, a person must have been a member of the Barreau du Québec for at least 10 years and submit his or her application in writing, following publication of a notice of competition in a newspaper (Journal du Barreau). A thorough selection process is subsequently conducted by a committee composed of five people, including the chief judge of the Court of Québec or a judge he or she designates, who acts as chair of the committee. Two other members are designated by the Barreau du Québec: an advocate and a person who works in the field of law but whose professional activities do not include representation before the courts. Two persons who are not judges or members of the Barreau du Québec or Chambre des notaires du Québec are designated by the Office des professions du Québec. After reviewing candidate applications and conducting interviews, the committee provides the names of three qualified candidates it recommends for each vacant position, in alphabetical order. Although the published notice specifies the division where a vacancy exists 6, each Court of Québec judge may exercise the Court s entire jurisdiction throughout the province, regardless of the division to which he or she is assigned. To preserve their judicial independence, judges are appointed during good behaviour. In matters of training and ethics, they are subject to the Conseil de la magistrature du Québec, Québec s judicial council 7. B) Presiding Justices of the Peace Presiding justices of the peace have been performing their responsibilities within the Court since 2005. They benefit from the guarantees of independence that are necessary 6 See http://www.tribunaux.qc.ca/mjq_en/c-quebec/fs_anglais_appels_candidatures_cq.html. 7 See https://www.conseildelamagistrature.qc.ca/index.php?langue=en. 8
in their work. The Courts of Justice Act does not stipulate the number of presiding justices of the peace. They exercise the powers and functions established under the Act, which primarily include hearing most provincial and federal penal matters of first instance and processing applications for judicial authorization from the police force and various parties within the justice system. State-of-the-art communications technology makes it possible to reach presiding justices of the peace day and night, all year long, throughout the province of Québec. The presiding justices of the peace are the first judicial officials involved, issuing all types of judicial authorizations, 24 hours a day, 365 days a year. The Courts of Justice Act was amended in 2012 to create a position of justice responsible for presiding justices of the peace. C) Per Diem Judges and Presiding Justices of the Peace Since 2002, the Court has managed expenditures relating to the salaries and compensation of Court judges who act as per diem judges under an administrative agreement with Ministère de la Justice du Québec, which is renewed each year. Under the terms of the 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. At the request of the Chief Judge and in accordance with the Act, the government appoints per diem judges and presiding justices of the peace from among the judges who have retired and not yet reached age 75. Per diem judges meet various needs of the Court, for example by replacing a judge on sick leave or compensating for a work overload caused by delays in filling a vacant position or by a short-term increase in the volume of cases. They also work on special projects, regarding small claims for example. The intermittent use of per diem judges helps the Court meet its wait time reduction objectives. D) Judges in Management Positions The Courts of Justice Act provides for the Government s appointment of judges to hold management positions: the Chief Judge, who is in charge of managing the Court and who, in particular, has the responsibility of ensuring compliance with the Judicial Code of Ethics; the Senior Associate Chief Judge, who assists and advises the Chief Judge, in performing all his responsibilities; four Associate Chief Judges, who also assist the Chief Judge and advise him in relation to the matters coming under the division to which they are assigned (civil, criminal and penal or youth) and in relation to the municipal courts. From among the Court judges, the chief judge also appoints ten coordinating judges and twelve associate coordinating judges. The coordinating judges and associate 9
coordinating judges look after efficiently running the day-to-day judicial activities within their territory or respective division and can be entrusted with any other tasks by the chief judge. It is within the greatest respect of judicial independence that judges in management positions perform their responsibilities in relation to judges. 5. Regional Organization To make it easier to coordinate the Court s activities, its territory is divided into ten regions: Abitibi Témiscamingue Nord-du-Québec; Bas-Saint-Laurent Côte-Nord Gaspésie Îles-de-la-Madeleine; Estrie; Laval Laurentides Lanaudière Labelle; Mauricie Bois-Francs Centre-du-Québec; Montérégie; Montréal; Outaouais; Québec Chaudière-Appalaches; Saguenay Lac-Saint-Jean. As for the aboriginal communities in Québec s Far North as well as those on the North Shore, they benefit from the judges services as well, through an itinerant court. 6. Administration From an administrative point of view, the Court is partially independent. In fact, through an agreement reached in 2002 with Québec s Ministère de la Justice, it manages certain administrative and financial resources. This agreement has also made it possible to set up an administrative entity: the Office of the Chief Judge. Managed by the Court of Québec administration director, who reports to the Chief Judge, the Office of the Chief Judge controls expenses related to salaries and remuneration, to travelling and to meetings as well as expenses incidental to the judges functions, furnishings, personalized stationery, supplies and services for the Court judges, the presiding justices of the peace and the Office s staff. In addition, the Office is in charge of the activities related to the Research Department and the Professional Development Secretariat, updating the Court s website and Intranet and also updating and maintaining the Court s management information system. 7. Research Department The Research Department is made up of legal specialists and researchists located at Montréal and Québec City. The Research Department s role is to conduct research for the cases to which the judges are referred and also to develop thematic files, to collaborate on specific research 10
related to judges training and development, to provide research support for the activities within the Office of the Chief Judge and to manage the Court s libraries. To do so, the various members of the team have expertise in vast fields of law. The requests that the Research Department receives from the judges may generally require substantial research covering analysis and legal opinion, or may take the form of a documentation searches into the laws, regulations, orders, judgements or legal doctrine, for example. 8. Professional Development Aware of the fact that professional development are essential to performing judicial responsibilities, and in order for the judges to be able to render quality justice to which everyone subject to the jurisdiction of the courts is entitled, the Court has adopted a policy and a master program on professional development. Two appointments were made following the implementation of this policy: a judge in charge of professional development as well as another judge responsible for national and international matters. They are given administrative support by a permanent secretariat, which is attached to the Office of the Chief Judge. In addition, an advisory committee has been set up to provide the Court advice on training and development matters. The master program specifies the nature of the training sessions offered to the judges and provides them with opportunities to benefit from sustained support, from the time of their appointment until their retirement. The wide range of training sessions available to judges cover topics as varied as the formulation and writing of judgments, trial conduct, ethics, and social realities. Annual training sessions are also held in each region to meet specific needs expressed by the judges and provide continuously updated information. Judges professional development includes programs that help them further their legal, technical, and scientific knowledge and learn more about the various aspects of a diverse, multicultural society. The success and quality of the professional development in the Court of Québec are due to the combined effort of the judges, a number of whom play a role in designing or organizing training sessions or serving as a committee member, a training leader or guest speaker. 9. Ethics and Professional Conduct Pursuant to the Courts of Justice Act, the Conseil de la magistrature du Québec is made up of 16 members, including the Chief Judge of the Court, who is an ex-officio member and serves as Chairman. As the Supreme Court of Canada has already indicated, judicial ethics mean nothing less than opening ourselves up to perfection and answering a call to do better by observing personally imposed restrictions. All provincially appointed judges are subject to these rules of professional conduct. The Conseil de la magistrature is the body charged with receiving and examining any 11
complaints lodged against a Court judge, as detailed on its website: https://www.conseildelamagistrature.qc.ca/index.php?langue=en. Update: December 13, 2016 12