Quebec adopts landmark legislation to combat judicial delays

Tashi Farmilo

In a unanimous decision, the Quebec National Assembly has passed Bill 54, a groundbreaking law designed to address the persistent issue of judicial delays in criminal and penal matters. The legislation, championed by Justice Minister and Attorney General Simon Jolin-Barrette, is a direct response to the action plan unveiled by the Justice-Quebec Table in February, which called for urgent reforms to enhance the efficiency of the justice system.

Under the new law, significant changes are set to be implemented, including the expansion of powers for justice of the peace magistrates, which will free up time for criminal and penal judges to hear more trials. Additionally, the legislation allows for remote appearances and bail hearings by these magistrates seven days a week, streamlining the process and reducing the need for in-person court appearances.

A notable feature of the law is the simplification of evidence procedures and the modernization of processes, aimed at saving court time and minimizing the inconvenience for witnesses. This includes simplified rules for the admissibility of documents attached to offence reports and extracts from public registers. The law also extends the time limit for serving a statement of offence for photo radar and red light camera offences to 120 days, ensuring accountability for violators.

Furthermore, the law introduces measures to improve the efficiency of asset forfeiture in cases involving illegal activities, reducing the burden on the courts and preventing the unnecessary legal proceedings for numerous cases. A new regime for administrative forfeiture allows for the expedited seizure of movable property valued at up to $100,000 derived from or used in unlawful activities. Presumptions have been added to aid in the forfeiture of property related to cannabis cultivation, cash sums found near prohibited substances, and vehicles containing restricted firearms or equipment used in trafficking.

In a statement, Minister Jolin-Barrette emphasized the centrality of victims in the justice system and the necessity for efficiency and performance to ensure their stories are heard and judgements are rendered promptly. "Unfortunately, in recent months, the justice system has not always succeeded in this due to excessively long judicial delays. This situation is intolerable. We have brought together all stakeholders in the justice community to find concrete solutions to this issue. This law will allow for better use of court time and resources, resulting in faster case processing. We no longer want cases to be abandoned due to delays," he said.

The law also includes provisions for the addition of seven new judge positions at the Superior Court, primarily aimed at improving access to justice in rural areas where most of the new positions will be located. This measure is expected to further contribute to the reduction of judicial delays and enhance the overall performance of the justice system in Quebec.

Additionally, the law empowers the Minister of Justice to determine the judicial districts in which mediation is mandatory and arbitration is offered in small claims matters, promoting alternative dispute resolution methods to alleviate the courts' workload.

Photo caption: The Quebec National Assembly has passed Bill 54, a law aimed at tackling the ongoing issue of judicial delays in criminal and penal matters, which was spearheaded by Justice Minister and Attorney General Simon Jolin-Barrette.

Photo credit: Screenshot of Justice Minister and Attorney General Simon Jolin-Barrette at a press conference on YouTube