(Quebec) Judge Joëlle Roy’s “unusual” response to a column by The Press leaves Minister Simon Jolin-Barrette “perplexed”. The Minister of Justice defers to the chief judge of the Court of Quebec to decide whether disciplinary sanctions are necessary.
“I read about it in the newspaper. These are statements that leave me quite perplexed,” responded Minister Jolin-Barrette after question period on Wednesday. The minister is particularly concerned about the fact that alleged victims of sexual assault were unable to testify during a trial since the judge was not fit to sit after the publication of a column by Yves Boisvert.
“I think of the victims who were supposed to go and testify that morning, and the trial did not take place. I am seriously concerned about the fact that the victims will have to come back and testify,” said the minister.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESSE ARCHIVES
Simon Jolin-Barrette
I expect the justice system to accommodate [les victimes] and can consider them with respect by ensuring that when it is trial day for victims, they can testify.
Simon Jolin-Barrette, Minister of Justice
The Press reported Wednesday that judge Joëlle Roy spoke about Yves Boisvert’s column in which he questioned the judgment of the magistrate of the Court of Quebec, whose decisions have been repeatedly overturned by the appeal courts. In tears, Judge Roy offered her response in the middle of the courtroom last Friday, the day after the text was published.
“I find it so unfair. If you think I am incompetent, file your request for recusal right away,” she told the lawyers. She called the column a “personal attack […] very vicious.” She also portrayed herself as a woman who was the victim of “violence”. Unable to sit, the judge therefore postponed the trial of a man accused of sexually assaulting his daughters.
The minister reiterated on Wednesday the independence of the judiciary and therefore relies on the direction of the Court of Quebec to “analyze the situation” which he also described as “unusual”. The chief judge “has all the powers,” he recalled, without wanting to comment on the content of Judge Roy’s remarks or venture into possible disciplinary sanctions.
“In my experience as minister, over the last three years, this is the first time that I have seen this type of situation,” he said. “There is a separation that exists. The minister has no authority over judges. The judges are independent, they do their work with complete independence and […] with all respect for the independence of the judiciary, this must be handled by the management of the Court,” he added.
The chief justice’s office had no comments to make as of Wednesday, it was reported to The Press.
According to the Code of Ethics of the Judiciary, the judge must “show reserve, courtesy and serenity”. The “serenity” of Judge Roy could be called into question, according to two experts consulted by The Press. The chief judge of the Court of Quebec, Lucie Rondeau, is in office until October 26. Henri Richard will succeed him.
With Louis-Samuel Perron