The Bar stands behind the Chief Justice of the Court of Québec, Lucie Rondeau, in the face of the government’s decision to regulate the funding of the Conseil de la magistrature.
A change that risks undermining the independence of justice, argues the president of Quebec, Catherine Claveau, in a letter sent Friday to the Minister of Justice Simon Jolin-Barrette, whom we consulted.
Bill 26, tabled in the National Assembly on May 9, proposes that the Council no longer be financed “out of the consolidated revenue fund”. Rather, it would be through “appropriations voted annually for this purpose by the National Assembly”. A major change, since the financing of the Council could thus be limited by the elected officials.
An attack on judicial independence, the efficiency of the courts and access to justice, had denounced by press release the chief judge Lucie Rondeau, also president of the Council of the magistrature.
PHOTO MARCO CAMPANOZZI, PRESS ARCHIVES
The Chief Justice of the Court of Quebec, Lucie Rondeau
Me Catherine Claveau agrees. “We understand that the intention of the bill is to ensure that the sums granted annually to the Conseil de la magistrature are part of a government budgetary process that is transparent with regard to the use of public funds,” she wrote. ‘on board.
An accountability exercise is also provided for in Bill 26, and the Barreau supports this measure.
But according to Me Claveau, the change proposed by Simon Jolin-Barrette “entails risks of undermining the independence of the Conseil de la magistrature. This could lead to legal challenges that would undermine this necessary trust in our democratic system.”
Discussions must take place, says the Bar
Three weeks before the bill was tabled, the minister and the chief justice had managed to find a compromise to resolve the long dispute over the judges’ schedule.
The Chief Justice of the Court of Quebec had not, however, been notified of the changes related to the funding of the Conseil de la magistrature. For mee Claveau, the subject must be the subject of “prior discussions” between Mr. Jolin-Barrette and Mr.me Rondeau.
The President of the Bar proposes “the conclusion of an agreement providing for clear rules regarding the granting of budgetary appropriations, thus guaranteeing the independence of the Conseil de la magistrature and, ultimately, judicial independence”.
Me Claveau goes even further by suggesting a public consultation on this subject.
Quebec loses its appeal on the bilingualism of judges
It should be noted that this year, the Conseil de la magistrature exceeded its annual budget by $1 million due to its participation in numerous legal challenges, including the one relating to the bilingualism of judges and the reform of Bill 101 (Bill 96). .
In the past, the Minister of Justice had criticized the fact that funds had been used to challenge Law 96.
Simon Jolin-Barrette experienced another setback on Friday in this matter. The Court of Appeal dismissed his appeal from a Superior Court decision last January. This made it possible to suspend the process of selecting a new judge in Montérégie until the case was heard on the merits.