Court of Quebec

Court of Quebec
Established	August 31, 1988
Website	https://courduquebec.ca/en/2
Chief Judge
Currently	Henri Richard
Since	October 26, 2023

The Court of Quebec (French: Cour du Québec) is a court of first instance in the Province of Quebec, Canada.

The court has jurisdiction over civil matters, criminal and penal matters as well as over youth matters The court sits in administrative matters as well, and in appeal, on cases provided for by the law.

History

Source:^[1][2]

In 1998, upon the creation of the Administrative Tribunal of Quebec, the Expropriation Division of the Court of Quebec was abolished. Then in 2002, the Labour Court was replaced by the Quebec Labour Relations Board (Commission des relations du travail). Created in 2016, the Tribunal administratif du travail (the TAT) results from the merger of the Commission des lésions professionnelles and the Commission des relations du travail. From then on, only penal matters of original jurisdiction, arising from offences under the Labour Code, came under the jurisdiction of the Court of Quebec's Criminal and Penal Division, and only the judges appointed by the chief judge had authority to rule upon these matters.^[3]

In 2002, the position of chief judge of municipal courts was integrated into the Court of Québec and became associate chief judge of the Court of Québec, responsible for municipal courts.

In 2005, as a result of decisions made by higher courts about the status of a "judge with limited jurisdiction," the Courts of Justice Act was amended to allow the appointment of justices of the peace. In addition to the six justices of the peace already in office since June 30, 2004, 27 new justices were appointed in 2005.^[4]

In 2012, the adoption of the bill amending the Courts of Justice Act increased the number of judges at the Court of Québec from 270 to 290, added four associate coordinating judge positions, and created a new position of justice responsible for presiding justices of the peace. In 2012 and 2015, six presiding justices of the peace positions were added, bringing their number to 39.

In 2013, the Court of Quebec celebrated its 25th anniversary. This event was highlighted in numerous magazines and newspapers including the Journal du Barreau of July and September 2013 and Le Monde juridique (Vol. 21, No. 7, Feb. 4, 2014).^[5][6] Finally, a motion to mark this event was adopted unanimously by the National Assembly of Quebec on September 25, 2013.^[7]

Finally, the Courts of Justice Act was amended in 2016, 2020, 2022 and 2023 to add a total of 43 Court of Quebec judge positions. Therefore, the Court is today composed of 333 judges.

The provisions of the Loi visant notamment à réformer les cours municipales et à améliorer l’efficacité, l’accessibilité et la performance du système de justice, assented to on December 7, 2023, provide for the creation of the position of municipal chief judge and, consequently, the abolition of the position of associate chief judge of the Court of Québec, responsible for municipal courts. On January 31, 2024, the government appointed the first municipal chief judge, Ms. Nathalie Duchesne.

Jurisdiction

Civil Division

There are three divisions within the Civil Division.

Regular Division

The Court’s judges have jurisdiction, within the limits prescribed by law, over civil actions initiated under the Code of Civil Procedure (CQLR, c. C-25.01) or any other statute. The judges have authority to hear claims where the monetary value or interest of the matter in dispute is less than $100,000, except for support payment claims, claims related to residential leases that come under Tribunal administratif du logement, and claims reserved for the Federal Court. The judges have the power to rule on municipal or school tax claims and to reverse or set aside municipal or school board assessment rolls.

Restricted license and vehicle release claims also fall under the jurisdiction of the judges under the Highway Safety Code (CQLR, c. C-24.2).

Finally, judges hear applications for custody for the purpose of or following a psychiatric examination.

The law also stipulates that a judge’s jurisdiction, in addition to settling disputes, extends to ensuring proper case management and attempting to reconcile the parties when circumstances permit. For example, judges may take case management measures to simplify or expedite proceedings or shorten the duration of trials via amendments to pleadings, expert opinions, pretrial discovery, etc.

For reconciliation, judges have the power to preside over settlement conferences to help the parties communicate and explore solutions that could lead to a satisfactory agreement to settle the dispute.

Small Claims Division

Judges in the Small Claims Division decide cases involving claims of no more than $15,000. The judges are also called upon to decide tax-related summary appeals.

Litigants are entitled to consult a lawyer to prepare their case. However, they must represent themselves at the hearing, i.e., they may not be assisted or represented by counsel, except when special permission is granted (e.g., in cases that raise complex legal questions).

Disputes are settled according to the same rules of law as those upheld by any court exercising jurisdiction in civil matters. However, the written procedure is simplified. At trial, the judges explain the rules of evidence and procedure to the parties. They direct the proceedings, question witnesses, hear the parties, and decide the issues in dispute. They provide each party with fair and impartial assistance, so as to render effective the substantive law and ensure that it is carried out. When circumstances allow, the judges endeavour to bring the parties to an agreement. The judgment is final and binding.

Administrative and Appeal Division

The Administrative and Appeal Division (AAD) was created in 2007. It includes a team of approximately 30 specialized judges sitting throughout the province who are chosen by the Chief Justice of the Court of Québec to manage, hear and rule on all recourses that the Québec legislator has entrusted to the Court of Québec in matters of appeals and contestations of administrative decisions.

Notably, the AAD judges hear the following appeals and contestations of administrative decisions:

- Appeals in access to information matters (appeals from decisions of the Commission d'accès à l'information);
- Appeals in municipal taxation and expropriation matters (appeals, with leave, from decisions of the Administrative Tribunal of Québec, Real Estate Section)
- Appeals in protection of agricultural lands matters (appeals, with leave, from decisions of the Administrative Tribunal of Québec, Territory and Environment Section);
- Appeals in residential housing matters (appeals, with leave, from decisions of the Administrative Housing Tribunal);
- Appeals from decisions of the Financial Markets Administrative Tribunal;
- Appeals in police ethics matters (appeals, with leave, from decisions of the Tribunal administratif de déontologie policière);
- Appeals in ethics matters involving professionals in matters of financial products and services distribution and real estate brokerage (appeals from decisions of the ethics committees of the Chambre de la sécurité financière, of the Chambre de l'assurance de dommages and of the Organisme d'autoréglementation du courtage immobilier du Québec);
- Appeals (lodged before January 1st, 2021) and contestations in matters of provincial taxation (appeals and contestations regarding decisions of the Agence du Revenu du Québec);
- Contestations in mining and natural gaz matters (contestations of certain decisions of the Minister of Natural Resources and Forests);
- Contestations in matters involving the issuance of real estate brokerage licenses (contestations of decisions of the Organisme d’autoréglementation du courtage immobilier du Québec);
- Contestations in matters involving the dismissal or reduction of the salary of a director or manager of a police force (contestations of decisions of a municipal council);
- Contestations regarding the determination of the fair market value of patrimonial property (contestations of decisions of the Conseil du patrimoine culturel du Québec);
- Contestations in ethics matters involving lobbyists (contestations of decisions of the Lobbyists Commissioner).

Criminal and Penal Division

The Court of Québec has jurisdiction over any offence under federal or provincial law, whether penal, criminal, or regulatory in nature. The only exception is in trials before a court composed of a jury and a judge of a Superior Court.

The judges of the Court of Québec preside over each step in the judicial process, from first appearance to sentencing, as the case may be. They are also very regularly called on to rule on applications for judicial authorization in the course of investigations (e.g., search warrants). The judges share this part of their jurisdiction with the presiding justices of the peace. To ensure the responsibility is properly assumed, presiding justices are available at all times, every day of the year, to analyze such applications.

The Criminal and Penal Division includes a Division des Accusations dans un Contexte Conjugal Et Sexuel (ACCES) (see the 2nd tab above).

Presiding justices of the peace bring prosecutions under some 100 public welfare laws in areas as diverse as occupational health and safety, environmental protection, illegal practice of a profession, securities, and road safety.

Youth Division

Section 83 of the Courts of Justice Act (CQLR, c. T-16) establishes the jurisdiction of the Court of Québec in youth matters.

Youth protection

The Court of Québec hears cases relating to the Youth Protection Act(CQLR, c. P-34.1). These cases concern children under the age of 18 whose safety or development is compromised according to the director of youth protection. If this proves to be the case, the judge will order that one or more measures provided for by law be taken and will determine their duration.

Any protection order may, under certain conditions, be extended or revised before it expires. In such cases, the application must be made to the judge who made the original order, unless this judge is prevented from doing so. This particularity of judges in the Youth Division is to ensure that they develop good knowledge of the child’s situation. They are sometimes involved with a particular child for many years.

Adoption

The Court has exclusive jurisdiction over all adoption applications, including international adoption.

Custody, emancipation, parental authority, and tutorship

The Court of Québec has jurisdiction over certain family-related applications involving children who are already the subject of applications for protection or adoption. This is particularly the case for applications with regard to the custody or emancipation of a child or to settle a dispute concerning the exercise of parental authority over a child.

Criminal prosecution of adolescent youth

The Court exercisesjurisdiction over any youth over age 12 and under age 18 who is charged with committing a criminal offence (See the Youth Criminal Justice Act, S.C. 2002, c. 1). However, in certain exceptional circumstances it is possible that the trial may take place before a court composed of a Superior Court judge and a jury.

Penal prosecution of an adolescent youth

The Court of Québec presides over the trials of youth charged with an offence under provincial law when they were between the ages of 14 and 18 (An example would be an offence under the Highway Safety Code, CQLR, c. C-24.2.).

Composition

Source:^[8]

Judges in management positions

Source:^[9]

The Court of Quebec is made up of 333 judges and 39 presiding justices of the peace. The court has a management structure that assists the judges in the performance of their duties and functions. The Courts of Justice Act provides for the positions of chief judge, senior associate chief judge, and associate chief judges, whose mandates last seven years and cannot be renewed. The coordinating judges and associate coordinating judges complete this structure. Their mandates span a maximum of three years and can be renewed.

The chief judge and senior associate chief judge are the president and vice-president respectively of the Judicial Council of Quebec (Conseil de la magistrature du Québec). The associate chief judges are also members.

Current chief judges team

Chief judge

The chief judge ensures the general policies of the court are followed, coordinates and distributes the judges' work, promotes their professional development, and ensures compliance with the Judicial Code of Ethics.

The chief judge is supported in her work by the team of judges in management positions. The chief judge represents the Court of Quebec and acts as its spokesperson with the government and other stake holders in the judicial system.

Associate chief judges

The four associate chief judges advise the chief judge in matters for which they are responsible. They help the court achieve its objectives and establish its priorities and policies by recommending ways to improve its operations. They also support and assist judges with their daily tasks. At the request of the chief judge, the associate chief judges chair committees formed to select candidates for the position of judge.^[10]

The associate chief judge responsible for the municipal courts performs the duties and functions conferred under the Act respecting municipal courts. In collaboration with the municipal judges, he drafts general policies for them and monitors compliance. In addition, he ensures that judicial ethics are observed and oversees the professional development of the municipal judges. The municipal judges under his jurisdiction work in nearly 90 local and regional municipal courts serving nearly 900 municipalities across Quebec.

Coordinating and associate coordinating judges

With the government's approval, the chief judge designates a coordinating judge from among the court's judges for each of the court's ten coordinating regions. She can also designate a maximum of 12 associate coordinating judges. These judges represent the Court of Quebec in dealings with various parties in their respective regions. They help develop the court's priorities, policies, and practices, based in part on regional judges' expertise and the specific needs of their regions.

The coordinating and associate coordinating judges are also tasked with welcoming new judges. They are responsible for regional professional development programs.

Judges

The 333 Court of Quebec judges hear and decide cases involving civil, administrative and appellate, criminal and penal, and youth matters. Some judges hear cases involving only one of these matters, while others—particularly in the regions—hear cases in more than one division or area.^[11]

Per diem judges

Some sixty per diem judges (i.e., retired judges who are authorized to exercise the judicial functions assigned to them by the chief judge) serve the Court on an ad hoc basis to assist it in fulfilling its mission. Per diem judges make a valuable contribution by helping the Court to minimize judicial delays.^[11]

Coordinating Regions

To make it easier to coordinate the court's activities, its territory is divided into 10 regions:^[12]

• Abitibi-Témiscamingue–Eeyou Istchee–Nunavik^[13]
• Bas-Saint-Laurent–Côte-Nord–Gaspésie–Îles-de-la-Madeleine
• Estrie
• Laval–Laurentides–Lanaudière–Labelle
• Mauricie–Bois-Francs–Centre-du-Québec
• Montérégie
• Montreal
• Outaouais
• Québec–Chaudière-Appalaches
• Saguenay–Lac-Saint-Jean

Judges also carry out their duties on a circuit court to serve Indigenous communities in northern Quebec and the Côte-Nord region.

See also

• Law in Quebec

References

External links

• Court of Quebec website
• Courts of Justice Act
• Commemorative brochure
• Code of Civil Procedure
• Highway Safety Code
• Judicial Council of Quebec