In this article, you will get all information regarding Crisis of the judicial system: nearly a third of cases are at risk of being “abandoned” – OI Canadian
This follows a decision by the Chief Justice of the Court of Québec, Lucie Rondeau, who reorganized the work of judges in criminal and penal matters so that they have more time to devote to deliberations in files which are, she says, more and more complex.
The judges, who sat until this fall two days out of three, now only sit one day out of two. This represents a net loss of 4,617 hearing days per year. A situation that worries many players in the community who fear significant repercussions, especially for victims who have taken legal action in court.
knife to the throat
Quebec Justice Minister Simon Jolin-Barrette, who was interviewed on the show All one morningdeplores this decision
We were informed unilaterally, with a knife to our throats, that the ratios were going to change. This has an impact on the number of files that risk being out of time Jordan […] and that the accused will be released without trial. And that is unacceptable in our society.
According to data analyzed by the Ministry of Justice, 50,000 of the 162,000 cases that must be heard in court could be abandoned because of the lengthening delays.
The minister claims to have tried since December 2021 to have the decision of the chief judge suspended
until we find a solution togetherin vain.
It also seems so impossible to work
together that the case itself ends up in court. The reform was validated by a Superior Court judge on November 3, but the government is not letting go and the case will be heard in the Court of Appeal in 2023.
A problem of financing or how to do it?
There are fears about the delays which will lengthen, but it is a crisis which does not date from yesterday and which is linked to underfundingunderlines Me Catherine Claveau, Bâtonnière du Québec, also in an interview on the program All one morning.
” We repeat: if we had more money in the justice system, we could have more judges, more clerks, more special constables, things would be much better. »
But according to Simon Jolin-Barrette, the problem is deeper and stems in particular from
ways to do.
It’s not just a question of resources because every time we add more, we end up with the same problem. You have to change the cake recipe [et] our old ways.
According to him, the Court of Quebec is asking for 41 additional judges, but only to compensate
reduction in work performance.
This means that the citizen will gain nothing on the net. There will not be a minute more court room for litigants to reduce delays.
He adds that the crisis persists as Quebec’s judicial system has grown from 290 judges in 2016 to 319 judges in 2022.
” I am open to giving additional resources, but it must translate into efficiency gains and to reduce our delays. »
Adjusting urgency to work better together
Me Claveau agrees with Minister Jolin-Barrette that money will not solve everything. But while waiting to find lasting solutions, there is an urgency. The top priority, she says, is
to convince the Minister of the Treasury to put more money into the justice system to plug some of the loopholes that are currently there.
The various players in the community will then be able to sit down together and discuss non-financial solutions that could help unclog the courts.
Maybe our files are too judicialized? Mediation, for example, could be mandatory in other areas, such as small claimscurrently proposes Me Catherine Claveau.
In the meantime, the Director of Criminal and Penal Prosecutions, Me Patrick Michel, ensures that cases of domestic and sexual violence will be prioritized if the delays already observed in Quebec courts continue to increase.
Crisis of the judicial system: nearly a third of cases are at risk of being “abandoned” – OI Canadian
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