(Quebec) A rare occurrence on the part of the judiciary, the Chief Justice of the Court of Quebec, Lucie Rondeau, takes the liberty of criticizing the government and officially opposing its Bill 92, to create a tribunal specializing in matters of domestic and sexual violence.
According to her, there are fundamental principles that are called into question in this legislative text, including the presumption of innocence and the impartiality of the court.
The usual separation of powers between the judiciary, the legislature and the executive did not prevent Judge Rondeau from sending a brief on Tuesday to the parliamentary committee currently sitting on the bill sponsored by the Minister of Justice. , Simon Jolin-Barrette.
Judge Rondeau wanted to be invited to address parliamentarians to share her vision of things with them, but as her name did not appear on the guest list, she chose to send a 16-page brief to elected officials.
In her brief, Justice Rondeau referred several times to the report “Rebâtir la confidence”, produced by a committee of experts which examined the question, and which was co-chaired by the former Chief Justice of the Court of Quebec, Élizabeth Corte. The main recommendation of the committee was precisely the creation of a specialized tribunal for this type of case.
However, Judge Rondeau reminded elected officials that “the implementation of the recommendations of the Rebuilding Confidence report must respect the fundamental principles of our legal society, including the presumption of innocence and the guarantee that each litigant can be heard by a judge. neutral, impartial and competent ”.
She believes that the Court of Quebec “recognizes without difficulty that concrete actions can and must be taken, in the short term, to better support, accompany and inform complainants”, but it rejects the path chosen by the government.
In September, she took the government by surprise by going there on her own initiative, by creating a division in the Criminal and Penal Chamber of the court, ACCES, intended to follow up on the recommendations of the report and to better supervise this type of case. .
By calling for respect for judicial independence, it says it wants to assume its responsibilities in this regard “without any unnecessary hindrance or supervision which would deprive it of all the flexibility necessary to adequately meet the needs of litigants by adjusting to the characteristics of each region” .
Judge Rondeau, who is also president of the Judicial Council, categorically rejects the designation advocated by the government, that of a “specialized tribunal”. According to her, we must avoid “misleading the public about its mission or creating unrealistic expectations”.
According to her, the name chosen could “suggest that the court has already concluded that the allegation of violence is well founded before hearing the evidence and rendering judgment, thus undermining the obligation – real and apparent – neutrality and impartiality of the Court ”. It makes it a matter of principle and not of semantics.
It also maintains that the term “tribunal” cannot be used to designate all measures falling within the purview of public bodies or ministries under the governance of the executive power, the objective of which is to provide complainants with the support of which they need.
The issue of compulsory training for judges, included in Bill 92, is also one of the irritants, according to the magistrate.
Without saying it clearly, she obviously did not appreciate the call for a “culture change” repeatedly made by Minister Jolin-Barrette, speaking of the legal environment and his way of approaching causes related to violence. sexual or conjugal.
She insists that judges are already receiving continuous training and are increasing the number of training sessions on various topics, including sexual or domestic violence. This addition to the bill therefore seems superfluous to him.
Above all, she hardly appreciates the fact that by insisting on the importance of training, the legislator risks undermining the reputation of judges among the population.
“At the moment, one of the messages conveyed seems to be that the ‘judiciary is resistant to change and training’. The public is thus led to believe that the Court is an institution which resists change and lacks openness. This is not only an unfortunate and erroneous message, but also likely to further undermine the public’s precious confidence in its judicial institutions, ”writes Justice Rondeau.
Already, the Judicial Council “assumes its responsibility with regard to the professional development of judges by rigorous management of the budget allocated to it for this purpose”, she adds.
Consultation on Bill 92 ends Wednesday.
The creation of a specialized tribunal aims to offer complainants a more secure and welcoming environment, by supporting them at all stages of the judicial process. This solution aims to counter the fact that most victims do not dare to file a complaint.