While Quebec is in the process of deploying its plan aimed at restoring the confidence of victims of sexual assault, this objective has been hit hard by the recent – and much criticized – decision by Judge Matthieu Poliquin to absolve a sexual aggressor. The question of the quality of training for judges thus came back into the spotlight this week. Because if the experts see a good eye on the new program of training in sexual violence registered in the law by the Quebec government, they recall however that it will not be obligatory for all the magistrates.
Judge Poliquin recently granted a conditional discharge rather than a prison sentence to engineer Simon Houle. The man had pleaded guilty to undressing a sleeping young woman, inserting his fingers into her private parts and taking photographs of her. The prosecution has already made known its intention to appeal the judgment.
Reflection on the training of actors in the judicial system in the area of sexual crimes is not new. She was central to the cross-party report rebuild trust, who bent over on the needs victims of sexual assault and domestic violence.
His recommendations were partly implemented through the passage of Bill 92, which has two main elements. The first is the creation of a new division within the criminal division of the Court of Quebec which will be reserved for cases of sexual violence and domestic violence. The second element is the training obligation for aspiring judges.
The law, assented to in November 2021, now includes this obligation: “Anyone who is a candidate for the office of judge must commit to following, if appointed, the development program on the realities relating to sexual violence and domestic violence established by the Judicial Council. »
The limits of the law
This new requirement has a limit, however, warns Ms.e Sophie Gagnon, Executive Director of the Juripop organization: she only targets new judges and not those who are already in practice.
It is not an oversight. The explanation given is that the government cannot impose courses on magistrates already in office, because such an action would likely undermine the independence of the judiciary, which would not tolerate such an intrusion of the executive power into its field of expertise.
In short, it will take a long time before all the judges of the Court of Quebec have received this training, she commented.
Matthieu Poliquin, who became a judge two months before the entry into force of this new obligation, is therefore not required to do so. On the other hand, he can voluntarily choose to follow it, like many other refresher courses offered to magistrates.
These are not mandatory, “but it is not necessary that they be”, assures the Court of Quebec in a document posted on its website: “judges are keen on professional development activities”. The recent training on myths and stereotypes in the area of sexual offenses has also been very popular, said the secretary of the Conseil québécois de la magistrature, Annie-Claude Bergeron.
As the law was adopted only a few months ago, the Council has not finalized its training programme. For now, the two courses on myths and prejudices — for a total of two hours — are available and a third component of the same duration on domestic violence will be offered in September. The Council also says it is preparing more comprehensive training, an estimated three-day seminar to meet the requirements of the new law.
The new judges are not left to themselves, insists the Court of Quebec. They benefit from a welcome program that includes several training activities, as well as support from an experienced colleague for two years. The Court also recalls that the code of ethics of magistrates includes the obligation to follow continuing education courses to keep up to date: they have the choice of a long list of courses – on the law, but also on social issues. , including sexual violence.
The new training obligations stemming from former Bill 92 do not apply to Superior Court judges. But these federally appointed magistrates have had similar requirements since May 2021.
Specialized courts
The question has been asked since Monday: will the new courts specializing in sexual violence – currently being deployed as part of eight pilot projects – lead to different judgments?
The objective of these courts is not to obtain more convictions, specifies Mrs.e Sophie Gagnon. Its purpose is to provide better support for the victim at all stages of the process, as well as to ensure their well-being.
The rules of law will not be different there, and discharges (conditional or unconditional) will remain possible.
According to her, obtaining judgments that avoid myths and prejudices about the victims of sexual crimes definitely requires better training for magistrates. She also considers it necessary for all stakeholders in the justice system, from police officers to social workers. “It’s really essential,” she insists, judging that university law courses on this subject are insufficient. Juripop has also set up a training program in domestic and sexual violence for lawyers in private practice. Some of them will one day become magistrates.
Me Gagnon reports that elsewhere in the world — in South Africa and New Zealand, for example — judges who have taken such training were the first to recognize their usefulness.
The full professor at the School of Social Work at the University of Ottawa, Simon Lapierre, who participated in the report rebuild trustis of the same opinion: among the members of the committee, the need for training was raised by all, and cited as part of the solution.
“And clearly that judge [Matthieu Poliquin]he would need training,” he dropped in an interview.
On the other hand, in this case, the problem does not necessarily seem to be a lack of knowledge: the teacher perceives rather “a lack of judgment and sensitivity”. The words and reasoning that Judge Poliquin used to reach his decision are “amazing” in 2022, he believes, given the social advances already made and the fact that the population has been made aware of the many difficulties experienced by victims in the justice system in the wake of the #MeToo whistleblowing movement.
If he says “yes” to the training, the professor, who specializes in particular in violence against women, nevertheless wonders: is this enough? We must go further, he believes. “A course of a few hours won’t do miracles,” he says, arguing that continuing education should also be emphasized. He also considers it appropriate to address the problem upstream by examining the selection process for Quebec judges.
“We can expect more from our judges,” concludes Simon Lapierre.