The number of “Jordan decisions” granted due to long judicial delays has exploded over the past year, and this increase can be explained by the “unilateral” decision of the Court of Quebec to reduce the time its judges spend in courtroom, according to the Minister of Justice.
“We are experiencing today one of the results of the change in the ratio of judges of the Court of Quebec,” lamented Simon Jolin-Barrette during the study of his ministry’s appropriations, an annual accountability exercise which started Tuesday at the National Assembly.
In 2023-2024, 109 stays of proceedings for unreasonable delays were granted by judges at the request of the defense. These decisions allowed 91 accused to escape a trial, confirmed the minister, in response to questions from independent MP Marie-Claude Nichols. The latter noted with astonishment that 62 of the 109 judgments were pronounced in the district of Saint-François (Sherbrooke).
Last year, 24 “Jordan judgments” were counted by the Ministry of Justice. A year earlier, this number was 13. “Jordan decisions” arise from a decision of the same name by the Supreme Court, which in 2016 set the maximum duration of trials in provincial and superior courts at 18 and 30 months , respectively.
In his discussions with PQ MP Pascal Paradis, Minister Jolin-Barrette also reported 238 cases abandoned by the prosecution, “nolle prosequi”. “That represents 199 accused,” he added. This type of decision, taken by the prosecution “reluctantly”, often occurs “because of the lack of availability of the Court”, observed the minister. In comparison, 12 abandonments were recorded in 2020-2021, recalled Mr. Paradis.
To explain the “Jordan decisions” as well as the “nolle prosequi”, Mr. Jolin-Barrette pointed to a “unilateral” decision by the former chief judge of the Court of Quebec, Lucie Rondeau. The justice system was “already branded by the pandemic, and the Court’s decision was to say: ‘the rest of us, we are implementing a new ratio’,” he complained. “We arrive and we say: “the rest of us, we are closing court rooms””. He said that Quebec was “in the crunch » judgments of procedure, but that there remained “still cases at risk”.
A decision that makes “no sense”
Judge Rondeau decided to reduce, since September 2022, the time that judges spend on the bench, reducing it from two days out of three to one day out of two. Its decision alerted the Justice Department to the delays it could cause. It also caused dissension within the judiciary, and then took itself before the courts. After mediation, the minister and the judge eventually reached a compromise, but the dispute clearly left its mark.
The Court’s decision made “no sense”, Mr. Jolin-Barrette argued again on Tuesday. “We are doing everything to avoid any suspension of proceedings. […] The Ministry of Justice has done its job, but all stakeholders have a responsibility. Yes, there are resources that must be given, we have given them. […] But our system must not be stuck in the 1990s. Phrases like: “that’s not how it works in the justice system”, I can no longer hear them,” he said.
Facing him, MP Paradis criticized him for “washing his hands” and taking “no responsibility” in the matter of legal delays. Stung, the elected official said he tackled the issue “from day one”. “We don’t take this lightly,” he attested.