The public clashes between the Minister of Justice, Simon Jolin-Barrette, and the Chief Justice of the Court of Quebec, Lucie Rondeau, over Bill 92, resemble a cockfight.
On the one hand, the minister is repeating that he will pass his bill to create a tribunal specializing in sexual violence and domestic violence at all costs. On the other hand, the judge threatens to challenge the future law in court.
Should we offer them a mediation session so that they find common ground?
As we have already written here, their positions are not irreconcilable. The Chief Justice is right to criticize certain aspects of the bill. The two co-authors of the report Rebuild trust, the professor of law Julie Desrosiers and the former chief justice of the Court of Quebec Elizabeth Corte, presented Tuesday in parliamentary committee a brief which, in the opinion of all, was exemplary. Basically, they recommend that Minister Jolin-Barrette improve his bill by specifying the aspects that will confirm the independence of the judiciary as well as its power of administrative management.
The Minister of Justice should endorse their recommendations. For her part, Judge Rondeau could show conciliation.
Because there is something wrong with his reasoning.
The chief justice affirms that the creation of a specialized court gives the impression that the allegation of violence is recognized from the outset, and that the neutrality of the magistrate is therefore called into question. It suggests that the principle of the presumption of innocence would be called into question by this possible tribunal. However, absolutely no one questions this principle. On the contrary, everyone repeats that the same rules of law will apply and that the burden of proof will always fall on the victim. Why keep hitting that nail?
PHOTO ANDRÉ PICHETTE, ARCHIVES THE PRESS
Lucie Rondeau, Chief Justice of the Court of Quebec
The President of the Judicial Council further asserts that by recommending the training of judges in this matter, the bill implies that the latter lack openness, which would undermine public confidence.
But in reality, it is quite the opposite. It is the lack of confidence of part of the public in the justice system that motivates the creation of a specialized tribunal.
The report recommending the creation of this tribunal is not called “Rebuilding Confidence” for nothing.
Victims of sexual assault are reluctant to press charges for fear that the justice system will relive a trauma. Therein lies the problem of trust. Not in the bill.
In its brief presented on Tuesday, the Federation of Women’s Shelters cited several examples of specialized courts around the world, including the one in Southport, Australia.
All the magistrates who sit on it are specialized and they all undergo training.
A survey carried out 12 months after the establishment of the court, and which compared the experience of users to that of a regular court, showed that 85% of them were satisfied, felt they had been treated with respect and for having obtained a fair decision.
If the Australians were able to create such a tribunal, so are Quebecers.
Minister Jolin-Barrette and Judge Rondeau must bury the hatchet. Their acrimonious exchanges make us forget the essential: the accompaniment of the victims, which is the reason at the origin of all this transpartisan reflection, it should be remembered.
Their publicized disagreement also casts a shadow on the reality on the ground.
Because while the murderous aftershocks fuse, a small revolution is taking place behind the scenes.
The injection of nearly $ 223 million by the Minister of Public Security, Geneviève Guilbault, last May, following a wave of feminicides, made it possible to achieve several changes, including the increase in the capacity of reception of victims, reduction of waiting lists in community organizations and the creation of units specializing in domestic violence in several police services.
That of Terrebonne, created by two policewomen, is often cited as an example. That of the SPVM, made up of ten people, took office on October 3. And starting in 2022, new training in domestic violence will be offered to the entire Montreal police force.
These are just a few examples that show that Bill 92 is part of a social project that goes far beyond the Minister and the Chief Justice, and which is in the process of profoundly transforming the way we support victims. sexual assault and domestic violence in Quebec.
With a little flexibility on both sides, we can deliver a truly unifying bill.
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