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Justice Access Plan
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 The Justice Access Plan is a series of measures that will be implemented gradually to help simplify the judicial process and reduce costs and delays, while increasing the ability of the courts to hear cases and issue judgments.
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The Minister of Justice and Attorney General of Québec, Jean-Marc Fournier, has tabled Bill n°43 in the National Assembly. It amends the Courts of Justice Act to improve the ability of the courts to hear cases and render judgment. The draft bill was adopted on April 5, 2012.
The effect of the Act to amend the Courts of Justice Act will be to increase the total number of judges at the Court of Québec from 270 to 290. In addition, at the request of the chief judge of the Court of Québec, retired presiding justices of the peace may be temporarily authorized to exercise judicial functions. The Act also adds provides for extra judges at the Superior Court, which will be ready to receive them once the request by the chief justice has been approved by the federal government.
To find out more:
Most citizens believe that they cannot afford to take their case to court. They consider that the justice system is too slow and too expensive, and that it is not designed for ordinary citizens.
As a result, citizens are turning away from the court system, or, as some people describe it, “dropping out”.
The issue is important, and the government has decided to take action.
On September 29, 2011, to deal with the key problems, the Minister of Justice tabled a draft bill proposing a major reform of the existing Code of Civil Procedure. Public hearing on the Draft Bill to enact the new Code of Civil Procedure will take place between January 17 and February 3, 2012.
The draft bill on the Code of Civil Procedure proposes the following changes:
Increased powers for judges to direct the judicial process
- Judges, from the start of proceedings, will ensure that the parties have considered alternative ways to settle their dispute such as mediation, negotiation and arbitration, in order to promote a settlement between the parties;
- The new Code will allow judges to intervene in a case and ensure that the parties comply with the timetable they have presented, ensuring that cases proceed more smoothly and reducing costs and delays.
Increase the pace at which proceedings are heard, and limit costs
- A limit will be imposed on the duration of examinations on discovery, to take into account the nature of the case and the amount of money involved;
- The use of expert testimony during a trial will be supervised more strictly, by limiting the number of experts heard and promoting the use of joint expert testimony to reduce costs.
Autonomy of citizens
- Small Claims Division of the Court of Québec: Citizens will be given greater autonomy to act by increasing the maximum amount of a small claim from $7,000 to $10,000, and then to $15,000 three years after the new Code comes into force.
A better balance between costs, time and the type of proceedings
- The use of oral rather than written testimony will be permitted when a case is not complex, or when it is important for the case to be settled quickly.
- New technologies will be allowed, such as testimony using videoconferencing facilities.
Create a simpler, more accessible Code using less complex legal language to make the civil justice system more accessible to non-specialists.
To find out more:
The Minister of Justice announces two new measures to facilitate access to justice in the field of family law.
Improvements to the family mediation program
The draft bill on family mediation will re-organize the services offered to parents free of charge after the breakdown of their couple. It increases the budget allocated to family mediation by 25% in the first year and by 35% in following years.
Parents will continue to be offered a total of 7½ hours of services for their first application, made up of a group information session lasting 2½ hours followed by individual meetings with a mediator.
The draft bill increases the length of the group information session from 1½ to 2½ hours, based on the recommendation made by the committee monitoring the implementation of the family mediation service.
The enriched content will give parents more information about how to continue to play their role as parents after a separation, focusing on children’s reactions and needs, communication between parents, the mediation process and key legal notions.
In addition, the hourly rate paid to mediators by the government will increase from $76 to $110, ensuring that parents continue to benefit from the services of experienced mediators.
Assistance service for obtaining a review of support payments or court approval of an agreement
Currently, parents have to pay a generally high cost to obtain a review of a court judgment concerning matters such as child custody, access rights or support payments, or to recover an amount deposited with Revenu Québec.
To facilitate this process, the Minister of Justice tabled a Bill in the National Assembly on April 4, 2012, to simplify and speed up the court process for parents while reducing their legal costs.
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General access to justice is a constant concern.
Legal aid
Our legal aid system is a pillar of access to justice in Québec. It was reformed over the years 2006-2010.
Québec is in a unique position, since it accepts 46% of all the applications for legal aid approved each year in Canada.
The Minister of Justice announces an increase in the financial eligibility thresholds for legal aid starting on June 1, 2012.
Legal insurance
The Minister of Justice has asked Mtre. Pierre Gagnon and Mtre. Stéphanie Poulin to co-chair a committee of experts from the legal and economic sectors to assess the viability of an extended legal insurance scheme.
The committee will examine the option of making legal insurance available to citizens who are not eligible for legal aid. It will begin its work in December 2011, and is expected to submit a report in September 2012.
To find out more:
The Minister of Justice has tabled the Bill n° 29: An Act to establish the Access to Justice Fund  , in the National Assembly. The Fund will support initiatives to promote access to justice. The draft bill was adopted on April 5, 2012.
The Fund will be used finance the previously-announced extension of the family mediation program, and other projects to promote prevention and amicable approaches to conflict resolution, such as a service to help former spouses apply for a review of a court order in the field of family law. The Fund may also to used to establish local justice centres throughout Québec. Last, the Fund will finance projects to make legal information available to the general public.
To channel money to the Access to Justice Fund, the contribution paid by offenders since 2002 under the statutes and regulations of Québec will be increased from $10 to $14. The average fine paid for penal offences processed by the Ministère de la Justice is currently $185. The total amount paid into the Access to Justice Fund, based on the $4 increase, is expected to reach $8 million per year.
To find out more:
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See also
Press releases (in French)
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Latest update: April 24, 2012
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