The Court of Quebec will significantly reduce the presence in the courtroom of its judges in criminal matters, at the risk of extending already problematic judicial delays, learned The Press.
Posted at 5:00 a.m.
Quebec is concerned about the possible impact of this major reduction in the workload of judges.
Chief Justice Lucie Rondeau announced this week, in an internal memo, that each judge of the Criminal Division will sit only one working day out of two, the other being devoted to personal work, essentially the writing of decisions. Currently, these judges sit two days out of three.
The change will come into effect on the next academic year.
In the document, M.me Rondeau recognizes a possible impact on court delays. It is precisely asking the Minister of Justice to proceed with a major wave of appointments of judges – 41, according to our information – in order to be able to maintain the number of hearing days.
The Court of Québec currently has 308 judges, 160 of whom sit in the Criminal Division.
The chief judges as well as the coordination teams arrived at such conclusions bearing in mind, in particular, the evolution of these functions which is part of the equally vertiginous evolution of criminal law and penal law.
Lucie Rondeau, Chief Justice of the Court of Quebec, in her internal note
In criminal matters, judges used to render oral decisions, but the complexity of the requests would force them to take up the pen as often as their colleagues in civil or youth matters.
Mme Rondeau said she was “delighted” to be able to announce this relief.
The Minister of Justice “surprised”
Others are likely to be less smiling. Mme Rondeau did not wait for a response from the Minister of Justice, Simon Jolin-Barrette, regarding the hiring of 41 new judges before announcing to his magistrates that their task would be lightened.
In a statement, the minister’s office qualifies Ms.me Roundel of “out of the ordinary” and underlines the magnitude of the increase requested.
” We can not […] hide our astonishment at such a request, especially in the context where the priority of the Minister of Justice is to reduce judicial delays in criminal and penal matters and to ensure better access to justice”, wrote Élisabeth Gosselin, attaché release from Minister Jolin-Barrette. “As with any request received from the Court of Quebec, we will analyze everything seriously. »
Mme Rondeau and Mr. Jolin-Barrette have been battling each other for several months in a continual showdown, first over the bilingualism of judges, then over the specialized court in matters of sexual violence and domestic violence.
“The management of the Court of Quebec does not wish to comment on this subject which concerns the internal organization of the work of judges”, indicated by email Mr.and Anne Latulippe, of the Court of Quebec. “The assessment of needs and the optimal use of resources are part of the responsibilities of the management of the Court of Québec. »
A record increase
The addition of 41 judge positions to the Court of Quebec would constitute a record in recent history. For 20 years, no wave of job creation has exceeded twenty seats. In 2016, after the publication of the Jordan judgment, 16 posts had been created.
This decision of the Supreme Court of Canada imposed a fixed limit on the length of penal and criminal legal proceedings, failing which they must be stopped. The judgment shook the justice system and led to the release of hundreds of defendants, some of murder or corruption.
According to our information, Judge Rondeau had already submitted, at the end of 2020, another request for the creation of 16 judge posts, which are not included in the 41; 3 of these 16 positions have already been granted, the 13 others are currently under study. The Treasury Board would have estimated this expense at 40 million over 5 years.
It is because the creation of a position of judge of the Court of Quebec costs much more than the $250,000 annual salary that is given to him: in addition to an excellent pension plan paid for at 70% by the State , magistrates have the support of staff and physical facilities.