The Barreau du Québec is concerned about the risk of politicization of the process for appointing judges after the tabling by the Minister of Justice, Simon Jolin-Barrette, of a draft regulation proposing changes to the steps prior to the appointment of magistrates.
The Bâtonniere of Quebec, Catherine Claveau, underlined that the legitimacy of the justice system rests on the trust of citizens.
“This confidence is largely dependent on the independence of the judiciary from the government,” she said in a statement. Considered separately, the proposed changes to the regulations seem minor. Taken together, they will have the effect of creating a weakening of the checks and balances put in place in the wake of the Bastarache Commission, to the benefit of the executive power. »
In its press release, entitled “Red flag raised by the Bar”, the professional order recalls that the Bastarache Commission had led to regulatory changes which were specifically aimed at depoliticizing the process of selecting magistrates.
Mme Claveau said new changes, proposed on May 3 by Mr. Jolin-Barrette, carry risks.
“The Barreau is of the opinion that it is absolutely undesirable to jeopardize the gains made by the work of the Bastarache Commission,” she said. The depoliticization of the judicial appointment process is still topical and relevant. »
The Bar has sent its analysis of the draft regulation, which is currently under study, until June 17.
The duty reported on Thursday the fears of the Court of Quebec, the municipal courts and the Judicial Council, in a brief on the same draft regulation.
Further details will follow.