The Court of Québec
Table of Contents
Message from the Chief Judge..…………………………………………………………….. 2
1. History…..…………………………………………………………………………………… 2
2. Judges’ Jurisdiction..……………………………………………………………………….. 4
A) Civil Division……………………………………………………………………………. 4
Regular Division.……………………………………………………………………… 4
Administrative and Appeal Division………………………………………………… 4
Small Claims Division………………………………………………………………… 5
B) Criminal and Penal Division………………………………………………………….. 5
Special Penal Cases Division……………………….…………………………….… 5
C) Youth Division……………..…………………………………………………………… 6
3. Judicial Activity……………………………………………………………………………… 7
4. Composition of the Court.…………………………………………………………………..8
A) Judges…………………………………………………………………………………... 8
B) Presiding Justices of the Peace……………..……………………………………….. 8
C) Per Diem Judges and Presiding Justices of the Peace…...………………………. 9
D) Judges in Management Positions..……………………………………………….......9
5. Regional Organization..…………………………………………………………………….10
6. Administration...……………………………………………………………………………. 10
7. Research Department……………………………………………………………………. 10
8. Professional Development…………..…………………………………………………… 11
9. Ethics and Professional Conduct……………………………………………………….. 11
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Message from the Chief Judge
Every day, the Court of Québec relies on the competence, integrity, probity, and
humanity of its judges, who are charged with administering the outstanding level of
justice to which the people of Québec are entitled.
The Court can maintain the trust of those it serves by clearly explaining how the Court of
Québec – the court of first instance that hears the most cases in Québec – operates and
is structured.
As Chief Judge, I am particularly concerned with improving the public’s understanding of
the Court. Accordingly, this publication provides an overview of the Court’s composition
and organization, the jurisdiction of its judges, and the rules of professional conduct that
must be observed as we strive to continuously improve.
For additional information, I encourage you to read the Court’s annual public report,
which will give you a snapshot of the vibrant nature of the Court. I also invite you to
consult the outcome of the regular reflective process the Court of Québec undertakes –
most often in the form of a three-year vision1.
I hope that these tools, which are designed to help improve access to justice, will pique
your interest.
Élizabeth Corte
Chief Judge of the Court of Québec
1 . H i s to r y
The Court of Québec owes its origins to the Québec Act of 1774, which re-established
French law in civil matters and confirmed English law in criminal matters. At that time,
the judicial system was comprised of the Court of Common Pleas, circuit courts, a Court
of Appeal and the Court of King’s Bench, for criminal cases.
Over the centuries, the Québec courts underwent many changes, having an impact on
their organizational structure as well as on the scope of their jurisdiction. For instance,
the Magistrate’s Court, created in 1869, became the Provincial Court in 1962, when the
Court of Sessions of the Peace was set up in 1908. The first court for children in Québec
was created in 1910. It then became the Juvenile Court in 1932 and the Social Welfare
Court in 1950. It was later replaced by the Youth Court in 1977. In 1969, the Labour
Court came into being, with judges from the Provincial Court. In 1973, the Expropriation
Tribunal was formed and some of its members were judges of the Provincial Court.
The Court of Québec came into existence in 1988, upon the unification of the Provincial
Court – whose jurisdiction was strictly civil; the Court of Sessions of the Peace – in
1
See the Court’website : http://www.tribunaux.qc.ca/mjq_en/c-quebec/index-cq.html.
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charge of hearing criminal cases; and the Youth Court – which had the responsibility of
hearing all litigation involving minors.
In 1988, the Court consisted of two regional sections: one in Montréal and the other in
Québec City. Each one had a civil division, a criminal and penal division as well as a
youth division. At that time, the Court also had an expropriation division.
In those days, the Court was managed by a chief judge, who was assisted in each of the
regional sections by a senior associate chief judge, who in turn benefited from the
assistance of associate chief judges (three in Québec City and four in Montréal).
Nineteen coordinating judges, residing in the chief locations of the main judicial districts
in Québec, completed this team.
At the request of the Court, in 1995, the legislator simplified its organization. The
regional sections were abolished and the responsibilities of the senior associate chief
judge and the associate chief judges were redefined. To coordinate the Court’s activities
on its territory, ten coordinating judges were appointed. In some regions, the
coordinating judge was assisted by one or more associate coordinating judges.
In 1998, given the creation of the Administrative Tribunal of Québec, the Expropriation
Division was abolished. Then in 2002, the Labour Relations Board was replaced by the
Commission des relations du travail. From then on, only penal matters of original
jurisdiction, with regard to violations under the Labour Code, came under the
competence of the Court of Québec’s Criminal and Penal Division, and only the judges
appointed by the chief judge had authority to settle these matters.
In 2005, yet another type of judge was created, through the appointment of presiding
justices of the peace, who perform their responsibilities within the Court of Québec as
well.
In 2007, the Court of Québec created the Administrative and Appeal Division within the
Civil Division. The thirty judges appointed to it have exclusive jurisdiction to hear appeals
from decisions rendered by a number of tribunals and administrative agencies.
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 2014, the Court created the Special Penal Cases Division. Twenty or so judges from
the Criminal and Penal Division occasionally hear cases in this division, under the
authority of an associate coordinating judge.
In 2016, the adoption of the bill amending the Courts of Justice Act increased the
number of judges at the Court of Québec from 290 to 306.
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2. Judges’ Jurisdiction
The Court of Québec is the court of first instance that hears the largest volume of court
cases in the province of Québec. It 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, to settle cases provided for by the law. It is also a court of record (section
84 of the Courts of Justice Act).
The Professions Tribunal hears appeals relating to professional ethics and the Human
Rights Tribunal2 has the responsibility of hearing appeals based, in particular, on
discrimination. The judges who are members of these tribunals are judges of the Court
of Québec.
A) Civil Division
Judges in the Civil Division decide cases presented in both the Regular and Small
Claims Divisions, while about thirty of the 80 judges rule on appeals from administrative
bodies and courts in the Administrative and Appeal 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 or any other statute. Since
January 1, 2016, the judges have authority to hear and determine applications in
which the value of the subject matter of the dispute or the amount claimed is less
than $85,000, except support payment claims, claims related to residential leases
(which come under the Régie du logement’s jurisdiction), and claims reserved for the
Federal Court. The judges are also empowered to deal with demands for the
recovery of municipal or school taxes and for the reversal or setting aside of
municipal or school assessment rolls.
Judges are responsible for ensuring proper case management and facilitating
conciliation when circumstances permit (section 9 of the Code of Civil Procedure).
Moreover, the judges hear actions to have a person undergo a psychiatric
examination or confined to an institution.
Administrative and Appeal Division
In 2007, the Court of Québec created the Administrative and Appeal Division (AAD)
within the Civil Division for the sake of uniformity, consistency, and efficiency. The
judges of this division have exclusive authority to hear appeals from decisions
rendered by a number of tribunals and administrative agencies, including
Commission d’accès à l’information, the Administrative Tribunal of Québec, the
Police Ethics Committee, and ethics committees governing professionals in matters
of financial products and services distribution and real estate brokerage. AAD judges
are also called to rule on highly complex Revenu Québec decisions on taxation and
tax recovery.
2
See http://www.tribunaux.qc.ca/mjq_en/TDP/index-tdp.html.
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Small Claims Division
Since January 1, 2015, judges decide cases involving $15,000 or less payable by an
individual or legal entity, a company, an association, or a group without juridical
personality that has had no more than 10 employees during the 12-month period
preceding the application.
In the Small Claims Division, legal representation is not permitted, except when
special permission is granted in cases where the dispute raises complex questions of
law. Cases are decided using the same legal rules as in the Regular Division, but
with a simplified written procedure. At hearings, judges explain the rules of proof and
procedure to the parties. They direct the proceedings, question witnesses, hear the
parties, and decide issues in dispute. They provide each party with fair and impartial
assistance to ensure that the law is rendered effective and carried out. When
circumstances allow, judges endeavour to bring the parties to an agreement. The
judgement rendered cannot be appealed. Judges in this division also decide taxrelated summary appeals.
B) Criminal and Penal Division
In Québec, the vast majority of criminal and penal cases is heard by Court of Québec
judges since the only jurisdiction they do not exercise concerns certain offences
restricted to the Superior Court (for example, murder trials).
The judges from the Criminal and Penal Division may also handle certain applications for
judicial authorization for which they have either exclusive or concurrent jurisdiction with
the Superior Court or presiding justices of the peace.
They preside over release hearings, preliminary inquiries, proceedings that fall within the
jurisdiction of a provincial court judge and a judge without a jury, as defined by the
Criminal Code, as well as proceedings related to offences punishable on summary
conviction.
The increase in the number of major police operations requires judges in the Criminal
and Penal Division to be extensively available outside of the time they spend hearing
cases and writing judgments. In this context, judges and presiding justices of the peace
fulfil a variety of duties, ranging from the authorization of search warrants to intercepting
private communications. Given the increasing complexity of trials resulting from largescale police operations, Parliament amended the Criminal Code to grant judges
additional case management powers.
In penal matters, judges hear proceedings initiated under the Code of Penal Procedure
or any other provincial or federal penal legislation concerning public welfare.
Special Penal Cases Division
In 2014, aware of the increasing number of long, complex penal cases, the Court
created the Special Penal Cases Division.
The judges are specially trained and have developed specific expertise that ensures
sounder management of proceedings, better use of judicial resources, and pre-trial
settlement of cases through facilitation conferences.
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The Special Penal Cases Division has developed a momentum of its own, and many
cases have been assigned to judges in this division, which ensures that cases are
managed more efficiently before and during proceedings.
C) Youth Division
Section 83 of the Courts of Justice Act establishes the jurisdiction of the Court of
Québec in youth-related matters.
Youth Protection
The Court of Québec hears applications pertaining to the Youth Protection Act. This
includes cases concerning minors whose security or development is compromised.
Once the concerns have been substantiated on the basis of the evidence submitted, the
judge orders one or more protective measures listed in the Youth Protection Act to be
carried out for a period determined by the judge. Section 85 of the Youth Protection Act
also allows judges to hold settlement conferences. Judges receive special training in
judicial conciliation. They receive the parties concerned at confidential conciliation
sessions.
Adoption
Since January 1, 2016, the Court of Québec handles cases that require case
management, as defined in the Code of Civil Procedure, particularly contested eligibility
for adoption applications.
Section 37 of the Code of Civil Procedure specifies that the Court of Québec, to the
exclusion of the Superior Court, has jurisdiction to hear and determine applications in
adoption matters. This covers eligibility for adoption applications, placement orders, and
applications for adoption. The Court has also jurisdiction regarding international
adoption, including requests for recognition of foreign judgments.
Applications pertaining to child custody, youth emancipation, exercise of parental
authority, and tutorship
Since January 1st, 2016, if an adoption or youth protection matter is already before the
Court of Québec, it may rule on any related application concerning child custody,
emancipation, the exercise of parental authority or tutorship requested by the director of
youth protection.
This new jurisdiction enables parties to appear before the same judge, both in matters of
child custody and youth protection. The judge who declares a child’s situation to be
compromised is usually the same judge who will hear an application for review or
extension of an order pertaining to this child’s situation.
Youth criminal justice
The Court of Québec exercises the functions of the youth justice court, in accordance
with the Youth Criminal Justice Act. After the Youth Criminal Justice Act came into force
in 2002, the Court of Québec was designated as the youth court. The Superior Court has
jurisdiction when the youth is accused of one of the crimes listed in Section 469 of the
Criminal Code, or if the prosecution asks that the youth be liable to an adult sentence
and the youth chooses to be judged by a judge and jury.
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Judges preside over youth trials for individuals age 12 to 17 at the time the offence was
committed under the Criminal Code or under related legislation. They also preside over
preliminary inquiries, in addition to hearing applications submitted under the Canadian
Charter of Rights and Freedoms.
Proceedings initiated under the Code of Penal Procedure
The Court of Québec has jurisdiction in proceedings initiated under the Code of Penal
Procedure when the defendants are under 18 years of age, or who were under 18 years
of age at the time of the offence. These offences chiefly concern the Highway Safety
Code and provincial statutory laws.
3. Judicial Activity
A judge’s primary function is to hear cases and administer justice under the law. Judges
are also tasked with presiding over settlement conferences in civil3 and youth4 matters
as well as management and facilitation conferences in criminal and penal5 matters.
Every day across Québec, some 115 courtrooms are open.
It is generally recognized that the number of open cases, the number of cases on a roll,
and the number of hearing hours at a court of justice give a general – if incomplete –
picture of the court’s activities. Yet, in addition to hearing courtroom cases, judges must
also spend time keeping their professional knowledge up-to-date, deliberating on
decisions to be handed down, and writing judgments.
Every year, the Court of Québec processes around 70,000 civil and 20,000 small claims
cases. It also processes over 140,000 criminal and 125,000 penal cases (both provincial
and federal). In youth matters, the case volume exceeds 75,000. Each one of these
cases may require multiple interventions by a judge. For example, nearly 675,000
criminal cases are entered on the rolls every year.
In addition, every year the municipal courts of Québec, which come under the
responsibility of an Associate Chief Judge of the Court of Québec, process
approximately 17,000 cases involving summary criminal offences, nearly 820,000
contested cases (i.e., where there is a trial), of which about 180,000 are set for hearings
in provincial and municipal criminal matters. Municipal by-law violations, including
parking violations and violations listed in the Highway Safety Code, are included in this
data. Municipal judges also exercise limited jurisdiction in civil matters.
In addition to hearing most penal cases, presiding justices of the peace hear
approximately 40,000 applications for judicial authorization and the majority of penal
3
See http://www.tribunaux.qc.ca/mjq_en/c
quebec/Modes_alternatifs_de_reglement_anglais/fs_depliant_civil_ang.html.
4
See http://www.tribunaux.qc.ca/mjq_en/cquebec/Modes_alternatifs_de_reglement_anglais/fs_depliant_jeunes_ang.html.
5
See http://www.tribunaux.qc.ca/mjq_en/cquebec/Modes_alternatifs_de_reglement_anglais/fs_depliant_crim_ang.html.
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cases. They also preside over more than 4,500 appearances, primarily on weekends
and holidays.
It is worth noting that, beyond their regular judicial duties, many judges get personally
involved on various Court committees or with other organizations and, from time to time,
take part in activities of interest to the Court, the judges, or citizens.
4. Composition of the Court
A) Judges
In accordance with section 85 of the Courts of Justice Act, the Court of Québec is
composed of 306 judges, including the chief judge, the senior associate chief judge and
four associate chief judges.
According to the Courts of Justice Act and the Regulation respecting the selection
procedure of candidates for the office of judge of the Court of Québec, municipal court
judge and presiding justice of the peace, in order to qualify for such a position, a person
must have been a member of the Barreau du Québec for at least 10 years and submit
his or her application in writing, following publication of a notice of competition in a
newspaper (Journal du Barreau).
A thorough selection process is subsequently conducted by a committee composed of
five people, including the chief judge of the Court of Québec or a judge he or she
designates, who acts as chair of the committee. Two other members are designated by
the Barreau du Québec: an advocate and a person who works in the field of law but
whose professional activities do not include representation before the courts. Two
persons who are not judges or members of the Barreau du Québec or Chambre des
notaires du Québec are designated by the Office des professions du Québec.
After reviewing candidate applications and conducting interviews, the committee
provides the names of three qualified candidates it recommends for each vacant
position, in alphabetical order.
Although the published notice specifies the division where a vacancy exists6, each Court
of Québec judge may exercise the Court’s entire jurisdiction throughout the province,
regardless of the division to which he or she is assigned.
To preserve their judicial independence, judges are appointed “during good behaviour.”
In matters of training and ethics, they are subject to the Conseil de la magistrature du
Québec, Québec’s judicial council7.
B) Presiding Justices of the Peace
Presiding justices of the peace have been performing their responsibilities within the
Court since 2005. They benefit from the guarantees of independence that are necessary
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7
See http://www.tribunaux.qc.ca/mjq_en/c-quebec/fs_anglais_appels_candidatures_cq.html.
See https://www.conseildelamagistrature.qc.ca/index.php?langue=en.
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in their work. The Courts of Justice Act does not stipulate the number of presiding
justices of the peace. They exercise the powers and functions established under the Act,
which primarily include hearing most provincial and federal penal matters of first instance
and processing applications for judicial authorization from the police force and various
parties within the justice system.
State-of-the-art communications technology makes it possible to reach presiding justices
of the peace day and night, all year long, throughout the province of Québec.
The presiding justices of the peace are the first judicial officials involved, issuing all types
of judicial authorizations, 24 hours a day, 365 days a year.
The Courts of Justice Act was amended in 2012 to create a position of justice
responsible for presiding justices of the peace.
C) Per Diem Judges and Presiding Justices of the Peace
Since 2002, the Court has managed expenditures relating to the salaries and
compensation of Court judges who act as per diem judges under an administrative
agreement with Ministère de la Justice du Québec, which is renewed each year. Under
the terms of the agreement, amounts that are not paid out in compensation when judges
retire or take long-term sick leave are available to compensate per diem judges.
At the request of the Chief Judge and in accordance with the Act, the government
appoints per diem judges and presiding justices of the peace from among the judges
who have retired and not yet reached age 75.
Per diem judges meet various needs of the Court, for example by replacing a judge on
sick leave or compensating for a work overload caused by delays in filling a vacant
position or by a short-term increase in the volume of cases. They also work on special
projects, regarding small claims for example. The intermittent use of per diem judges
helps the Court meet its wait time reduction objectives.
D) Judges in Management Positions
The Courts of Justice Act provides for the Government’s appointment of judges to hold
management positions:
the Chief Judge, who is in charge of managing the Court and who, in particular,
has the responsibility of ensuring compliance with the Judicial Code of Ethics;
the Senior Associate Chief Judge, who assists and advises the Chief Judge, in
performing all his responsibilities;
four Associate Chief Judges, who also assist the Chief Judge and advise him in
relation to the matters coming under the division to which they are assigned (civil,
criminal and penal or youth) and in relation to the municipal courts.
From among the Court judges, the chief judge also appoints ten coordinating judges and
twelve associate coordinating judges. The coordinating judges and associate
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coordinating judges look after efficiently running the day-to-day judicial activities within
their territory or respective division and can be entrusted with any other tasks by the
chief judge.
It is within the greatest respect of judicial independence that judges in management
positions perform their responsibilities in relation to judges.
5. Regional Organization
To make it easier to coordinate the Court’s activities, its territory is divided into ten
regions:
Abitibi–Témiscamingue–Nord-du-Québec;
Bas-Saint-Laurent–Côte-Nord–Gaspésie–Îles-de-la-Madeleine;
Estrie;
Laval–Laurentides–Lanaudière–Labelle;
Mauricie–Bois-Francs–Centre-du-Québec;
Montérégie;
Montréal;
Outaouais;
Québec–Chaudière-Appalaches;
Saguenay–Lac-Saint-Jean.
As for the aboriginal communities in Québec’s Far North as well as those on the North
Shore, they benefit from the judges’ services as well, through an itinerant court.
6. Administration
From an administrative point of view, the Court is partially independent. In fact, through
an agreement reached in 2002 with Québec’s Ministère de la Justice, it manages certain
administrative and financial resources. This agreement has also made it possible to set
up an administrative entity: the Office of the Chief Judge.
Managed by the Court of Québec administration director, who reports to the Chief
Judge, the Office of the Chief Judge controls expenses related to salaries and
remuneration, to travelling and to meetings as well as expenses incidental to the judges’
functions, furnishings, personalized stationery, supplies and services for the Court
judges, the presiding justices of the peace and the Office’s staff. In addition, the Office is
in charge of the activities related to the Research Department and the Professional
Development Secretariat, updating the Court’s website and Intranet and also updating
and maintaining the Court’s management information system.
7. Research Department
The Research Department is made up of legal specialists and researchists located at
Montréal and Québec City.
The Research Department’s role is to conduct research for the cases to which the
judges are referred and also to develop thematic files, to collaborate on specific research
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related to judges’ training and development, to provide research support for the activities
within the Office of the Chief Judge and to manage the Court’s libraries. To do so, the
various members of the team have expertise in vast fields of law.
The requests that the Research Department receives from the judges may generally
require substantial research covering analysis and legal opinion, or may take the form of
a documentation searches – into the laws, regulations, orders, judgements or legal
doctrine, for example.
8. Professional Development
Aware of the fact that professional development are essential to performing judicial
responsibilities, and in order for the judges to be able to render quality justice to which
everyone subject to the jurisdiction of the courts is entitled, the Court has adopted a
policy and a master program on professional development.
Two appointments were made following the implementation of this policy: a judge in
charge of professional development as well as another judge responsible for national
and international matters. They are given administrative support by a permanent
secretariat, which is attached to the Office of the Chief Judge. In addition, an advisory
committee has been set up to provide the Court advice on training and development
matters.
The master program specifies the nature of the training sessions offered to the judges
and provides them with opportunities to benefit from sustained support, from the time of
their appointment until their retirement.
The wide range of training sessions available to judges cover topics as varied as the
formulation and writing of judgments, trial conduct, ethics, and social realities. Annual
training sessions are also held in each region to meet specific needs expressed by the
judges and provide continuously updated information.
Judges’ professional development includes programs that help them further their legal,
technical, and scientific knowledge and learn more about the various aspects of a
diverse, multicultural society.
The success and quality of the professional development in the Court of Québec are due
to the combined effort of the judges, a number of whom play a role in designing or
organizing training sessions or serving as a committee member, a training leader or
guest speaker.
9. Ethics and Professional Conduct
Pursuant to the Courts of Justice Act, the Conseil de la magistrature du Québec is made
up of 16 members, including the Chief Judge of the Court, who is an ex-officio member
and serves as Chairman. As the Supreme Court of Canada has already indicated,
judicial ethics mean nothing less than opening ourselves up to perfection and answering
a call to do better by observing personally imposed restrictions.
All provincially appointed judges are subject to these rules of professional conduct. The
Conseil de la magistrature is the body charged with receiving and examining any
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complaints lodged against a Court judge, as detailed
https://www.conseildelamagistrature.qc.ca/index.php?langue=en.
on
its
website:
Update: December 13, 2016
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