The executive branch and the judiciary continue to clash in court over the number of days judges will sit to hear criminal cases. Quebec accuses the Chief Judge of the Court of Quebec, Lucie Rondeau, of aggravating the problem of delays before the courts, while the magistrate holds her end and denounces this government interference in the sacrosanct principle of judicial independence .
The Quebec government was back in court on Tuesday to ask a judge to suspend a decision made by the chief justice.
Last December, Justice Rondeau advised the government that the judges of her Criminal Division would now sit every other working day (ratio of 1:1) — rather than two days out of three, the rest of the time being used to study the records and writing judgments. This plan was to be implemented in September 2022 — which it did.
Its objective is to lighten the workload of judges in order to maintain “the quality of justice” delivered to citizens, she explained. The trials have become much more complex and lengthy over time, with many challenges under the Charter of Rights and Freedoms, she noted. She thus called for 41 more judges in order to reduce delays for litigants.
Quebec protested: impossible to appoint so many judges in such a short time. The process includes several stages, including going through all the parliamentary stages in order to modify the law.
Among the documents filed with the Court for this action brought by Quebec in August is the following: a document signed in November 2021 by the president of the Conference of Judges of the Court of Quebec, Serge Champoux – who has since resigned from his post in the wake of this decision by the Chief Justice — summarizes, among other things, a meeting between the latter and the Board of Directors of the Conférence.
He reports that the latter had committed in July to implementing the new 1:1 ratio, several months before the Minister of Justice was officially notified. It also reads: “She added that if the Minister does not react to the request, she will still put in place the 1:1 ratio. »
The lawyer for the Attorney General of Quebec, Mr.e Éric Cantin, deplores the method of negotiation chosen to obtain more resources: it is “putting a gun to the head of the government”, he pleaded on Tuesday. “Why not take the time to find solutions without the files exploding? »
The problem of delays already existed before the judge’s decision, calmly pointed out Judge Pierre Nollet of the Superior Court, who was hearing the case.
“The judge’s decision adds to the problem,” retorted Me Canteen. “We are already in a difficult context […] and it leaves the only solution to add 41 judges”, refusing to discuss global solutions. The Supreme Court has already told us that we must avoid this “bargaining” between the executive and the judiciary, he continued.
public interest
According to the Attorney General’s lawyer, the public interest requires a suspension of the judge’s decision, so that the victims do not have to wait even longer before the trials take place and so that they are not forced to “their life on pause. Without forgetting the risk of stays of proceedings in favor of the accused, if the delays exceed the prescribed limit, added Mr.e Canteen. Several players in the judicial system, including the DPCP and the CAVACS, have also expressed their fears regarding the impact of the reduction in the number of sitting judges.
There are other factors which militate for the public interest, intervened the magistrate: that the judges have the time and the serenity necessary to render justice. If they fall on sick leave due to their work overload, “we are not further advanced”, he said.
Judge Rondeau’s lawyer pointed out that this Quebec action was a “first”. Never has a decision of a chief justice in relation to the assignment of resources been challenged in this way, launched Mr.e Marc-Andre Fabien. Usually, he says, the Attorney General is the defender and protector of judicial independence. “But here, the roles are reversed: he is the slayer. He recalled that Judge Rondeau “is not a civil servant. »
Moreover, he pointed out: the decision to modify the ratio is “not a personal whim” of the judge: it was taken in collegiality with the other magistrates of the Court. The summary of Judge Serge Champoux also mentions it.
The Attorney General is only concerned with the “speed” in rendering justice while Judge Rondeau is concerned with its quality, accused Mr.e Fabian.
And if this decision of the judge is suspended, it will be necessary to redo all the roles of hearing, he warned. ” It’s impossible. We cannot undo what has been done. The government should have acted earlier, he argued. Quebec’s request would lead to chaos, without providing a solution, added his colleague Me Vincent Cerat Lagana.
Judge Nollet took the case under advisement.