(Sherbrooke) The government has resorted to an “exception” measure to fill a post of judge at the Court of Quebec in Sept-Îles, obtained by a lawyer from Longueuil Alexandre Germain, recognizes Prime Minister François Legault.
The recent appointment of two judges by Simon Jolin-Barrette caught the eye on the first day of the convention of the Coalition avenir Québec (CAQ). In addition to the appointment of Judge Germain, the Prime Minister once again had to defend the choice of his Minister of Justice to appoint a longtime friend, Charles-Olivier Gosselin, for another position as judge of the Court of Quebec, this time in the capital.
Simon Jolin-Barrette persists and signs. “I assume my choice fully” and “all the rules have been respected”, he argued. “This is a high quality candidacy and the appointment was made on merit. And the relationship between him and me was not taken into consideration in making my recommendation. [au conseil des ministres]. The choice I made respects the rules. »
Mystery hangs over the other appointment, that of a lawyer from Longueuil as a judge of the Court of Quebec in Sept-Îles, after the cancellation of an initial call for candidates to which several lawyers from the region had submitted their file.
François Legault admits that this is an “exceptional” measure, but ignores the reason why his minister did not make the appointment after the tabling of the first report of the selection committee, on December 12, 2022 Simon Jolin-Barrette instead issued a second call for applications for the same position.
“I don’t actually know why,” explained François Legault on Saturday, indicating that he did not ask his minister for details on this particular case. “I can understand, it hasn’t happened often. I think that’s really an exception,” he continued.
The Prime Minister nevertheless adds that it is “normal” for the Minister to choose a candidate according to his requirements despite the recommendations of the selection committee.
“It may be that, in this case, the proposal or proposals did not meet the requirements that the minister wanted. So he recommended to the committee that they do another round. I find it normal that the candidate meets the requirements of the committee and the minister,” he said.
Simon Jolin-Barrette did not want to explain his decision to cancel the first call for nominations. According to him, “the process was followed in every way”. Lawyers who applied in the first call could not participate in the second.
“There is a lot of information circulating in the media that is inaccurate. On the other hand, the report, the process is confidential, and I cannot comment further, ”pleaded the minister. He replied that he did not know Judge Germain personally.
The appointment of this lawyer from Longueuil is creating a stir in the Côte-Nord region. “When a competition is open, all lawyers in Quebec who have ten years of practice can submit their candidacy to be appointed judge in any district,” recalled the Minister.
The appointment of lawyer Alexandre Germain of the Barreau de Longueuil as judge for the district of Mingan in the Côte-Nord region came after the second call for candidates. A selection committee submitted the second report on April 6.
Mr. Jolin-Barrette made his choice on May 3, and the appointment endorsed by the Council of Ministers was made public the next day by press release. The decision caused consternation in the legal community of the North Shore. The mayor of Sept-Îles, a former Crown prosecutor, strongly criticized the minister’s choice.
Alexandre Germain was called to the Bar in 2008. Since 2020, he has practiced his profession in litigation at the CISSS de la Montérégie-Est. He comes from the Barreau de Longueuil, which was delighted with his appointment on social networks. Me Germain will fulfill his duties in the Youth Division and the Criminal and Penal Division in Sept-Îles.
“Resonance”
Simon Jolin-Barrette also justified his decision to appoint his friend Charles-Olivier Gosselin as judge, arguing that “all the rules were respected. »
“I am fully aware that naming someone with whom I have ties would necessarily have a resonance. […] It is not a hiding place that everyone knew that I knew Judge Gosselin, ”said the Minister.
François Legault, he did not know until Friday. Mr. Jolin-Barette believes – like Mr. Legault moreover – that he did not have to inform the cabinet of his long-standing friendship with Gosselin before appointing him as judge. A minister must, however, notify his colleagues around the table when he has a personal interest in a company to which the cabinet is about to authorize a subsidy, as Mr. Legault acknowledged.
“The appointments are not debated in the Council of Ministers, I respected the process,” said Simon Jolin-Barette.
Charles-Olivier Gosselin was “on the list of recommended candidates” in the report of the independent selection committee. The minister did not specify the number of recommended candidates, but it can be up to three under the regulations. He replied that he did not know that Mr. Gosselin had applied for the position of judge before receiving the report.
Charles-Olivier Gosselin, 36, was called to the Bar in 2011. He began his career at the Center communautaire juridique de Québec, where he still practiced his profession. He notably defended the killer of the Mosque of Quebec.