(Sherbrooke) Even if it is an “exceptional” measure, Simon Jolin-Barrette admitted on Sunday that he had canceled “in the interest of justice” five calls for applications for the post of judge, since 2020. From now on, the Minister of Justice will advise the Council of Ministers when he proceeds to the appointment of an acquaintance.
The controversy around the appointment of two judges of the Court of Quebec casts shadow on the Legault government for a second consecutive day, while the activists of the Coalition avenir Québec are meeting in congress, in Sherbrooke. On Sunday, Minister Simon Jolin-Barrette had to defend this time his choice to cancel a call for applications for the post of judge in Val-d’Or, as reported by The Press.
“The process was followed in this case too, there are exceptional circumstances where we must make a second opinion,” pleaded the Minister of Justice, refusing to provide the reasons justifying such a measure.
By the Prime Minister’s own admission, this is an “exceptional” measure. The cancellation of a first call for candidates is causing discontent in Sept-Îles, as a lawyer from Longueuil, Alexandre Germain, has just been appointed judge of the Court of Quebec in the district of Mingan, on the North Coast. Mr. Germain was selected following the second call for applications.
Experienced players in the legal community consulted by The Press all said that it was indeed an extremely rare intervention.
However, the Minister of Justice revealed on Sunday that he had canceled five calls for applications since 2020. In the case of Sept-Îles and Val-d’Or, the events occurred around the same period, winter last. In Abitibi-Témiscamingue, the nomination process has not yet been completed.
“In the interests of justice, sometimes you need a second contest. It has even happened sometimes, that following the cancellation of a second competition, […] that a competition is quite simply cancelled, ”explained the minister in a press scrum. Mr. Jolin-Barrette affirms that the five times use of this measure “is not worrying”. Nor does he see any connection with the shortage of lawyers present in certain regions.
Moving to Sept-Iles
Simon Jolin-Barrette responded to criticism from the mayor of Sept-Îles, Steeve Beaupré, who said he was worried in an interview with The Press that the new judge does not “establish himself” in his community. “We are fighting against the fly-in fly-out,” criticized Mayor Beaupré, a former Crown prosecutor. “It’s easy for him to rent an apartment [à Sept-Îles] and keep a condo in Longueuil,” he added.
The Minister wanted to set the record straight: “It often happens that judges, at the time of their appointment, do not reside in the judicial district in which they are appointed, and at that time, they take the commitment to move” as stipulated by law, explained the minister.
The concept of residence [dans la loi]it’s about staying there, it’s not about having a condo, about doing fly-in fly-out. In the case of the Sept-Îles case, Judge Germain will have to move to the judicial district of Mingan and he has undertaken to do so with his family.
Simon Jolin-Barrette, Minister of Justice
The minister said he “understands” that people from Sept-Îles are “disappointed” that a candidate from the region was not selected. “But that does not mean that Judge Germain is not someone competent, that he is not someone with integrity, impartiality […] however, it is not the candidate who was recommended” by the independent selection committee, specified Mr. Jolin-Barrette.
This independent selection committee analyzes applications for the position of judge and submits up to three names to the Minister of Justice. The latter makes his choice, then recommends the appointment to the Council of Ministers.
Rule change
Moreover, following the controversy surrounding the appointment of his friend Charles-Olivier Gosselin to the position of judge of the Court of Quebec in the Capital, Simon Jolin-Barrette admits that if a similar situation arises, he will notify the members of the Council of Ministers.
Most certainly, following the last two days, and in the event that the same situation occurs again […] I would underline
Simon Jolin-Barrette, Minister of Justice
He also said he was open to amending the Regulation respecting the procedure for selecting candidates for the office of judge of the Court of Québec. According to the regulations, a member of the selection committee is required to recuse himself from a candidate “if there is a reasonable apprehension that he may be biased”. This provision does not exist for the incumbent minister. “I am open to amending the regulations to add a provision like this to make things clearer,” said Mr. Jolin-Barrette.