The Minister of Justice, Simon Jolin-Barrette, is ready to modify the rules in force to avoid a new controversy like the one sparked this week by his decision to appoint a personal friend to a post of judge at the Court of Quebec.
Mr. Jolin-Barrette showed openness to amending the regulation governing the selection process for judicial candidates to provide for a mechanism that would apply to situations where the Minister finds himself faced with the name of a candidate with whom he has personal ties.
“Should the rules be amended to provide for this, because I followed all the rules attached to the law on the courts of justice in relation to the selection committee? I’m open to changing the rules to add a provision like this to make things clearer, I’m open,” he said on Sunday.
Mr. Jolin-Barrette thus answered a question, in a press briefing, indicating to him that a similar mechanism already exists for the members of an independent committee which recommends candidates for the judiciary.
Article 21 of the Regulations on the procedure for selecting candidates for the office of judge provides that a member is required to recuse himself with regard to a candidate, in particular if he is or has been the spouse of the candidate, s he is related or related to the degree of first cousin inclusive with this candidate, if he is or has been the partner, the employer, the immediate superior or the employee of the candidate during the last five years or s there is a reasonable apprehension that he may be biased for any other reason.
Mr. Jolin-Barrette also acknowledged that, contrary to what he did, he would declare in the future to the Council of Ministers any link with a candidate in order to avoid a controversy such as that caused by his decision to appoint Charles Olivier Gosselin in the Criminal Division of the Court of Quebec, May 3.
“In the event that the same situation arises, indeed, following the experience we have had, I [le] highlight to the Council,” he said.
The minister studied law with Mr. Gosselin. They see each other two or three times a year. In 2015, Mr. Jolin-Barrette celebrated his marriage.
On Friday, Prime Minister François Legault said he was unaware of their personal ties before discovering them in a report from the daily The sun reporting that this appointment created unease in the legal sphere.
In addition, Mr. Jolin-Barrette stated that, since he became Minister of Justice, he has availed himself five times of provisions which allow him to request a new job posting when he is dissatisfied with the applications submitted. by the selection committee following a process.
“There can be all kinds of circumstances where a contest needs to be reposted,” he said.
More details will follow