(Quebec) Simon Jolin-Barrette relies on mediation and arbitration to reduce the increasing delays in a hearing before the Small Claims Division of the Quebec Court.
Updated yesterday at 4:56pm.
Currently, Quebecers who have an open small claims case — which hears cases where the amount in dispute is less than $15,000 — wait an average of two years (664 days, to be exact) before they receive a hearing. In the eyes of the Minister of Justice, this delay is “far too long” and “completely unacceptable” and has continued to increase since the beginning of the pandemic.
Mr. Jolin-Barrette introduced Bill 8, legislation to improve the efficiency and accessibility of the judiciary, particularly by promoting mediation and arbitration and simplifying civil court procedures, in Quebec’s Blue Room on Wednesday. This bill provides that the government will regulate the use of mediation and arbitration by initially proceeding with pilot projects.
“Mediation and arbitration services apply initially to cases under $5,000. You will therefore be referred to mediation. And in cases where the parties cannot reach an agreement, their case is automatically referred to arbitration. It should be noted that cases under $5,000 account for more than half, i.e. more than 50%, of small claims cases and that the mediation agreement rate for these is more than 60%,” the minister said during a press conference in Parliament.
Reduced delivery times
According to Mr. Jolin-Barrette, this new process will allow cases to be settled within three to nine months. “Ultimately, people could save between a year and a half and two years on average until their cases are resolved,” he said.
The Small Claims Division of the Quebec Court opens an average of between 18,000 and 20,000 cases per year. Half of these cases are disputes under $5,000. The government’s goal is to phase out mediation, from initially $5,000 cases to all minor claims over “several years”.
According to Simon Jolin-Barrette, mediation and arbitration have stood the test of time.
“In most cases, mediation allows the parties to settle their disputes. It allows citizens to participate in finding solutions and thus have more control over the resolution of their disputes. We should also note that the satisfaction of the parties is often greater when a case ends in a settlement rather than a judgment,” he said.
The Attorney General also reiterated that there are enough mediators in Quebec to reshape the small claims department at his discretion.
“We are right. We currently have 500 mediators accredited in Quebec. Then basically notaries and lawyers can be intermediaries,” he said.
appointment of judges
In addition, the Minister of Justice’s Bill 8 provides for access to the judiciary for notaries who have been practicing for at least 10 years.
“This also makes it possible to promote the profession of notary, who – it is worth noting – has the same legal training as lawyers and, as civil servants, already plays an important role in our society,” said Mr. Jolin-Barrette.
“Notaries are characterized by an approach that is primarily geared towards prevention and arbitration. Considering that we want to focus more on mediation and alternative dispute resolution methods, their expertise is definitely a great asset,” he added.
This new provision surprised the Barreau du Québec on Wednesday, which had not been informed. The chair, Me Catherine Claveau, told La Presse that she would analyze the impact of the proposals before deciding on the merits.
PHOTO MARTIN TREMBLAY, THE PRESS
The Batonniere of Quebec, Me Catherine Claveau
“We are really very surprised. This was not discussed beforehand […] and suddenly we see this happening in a law that aims to improve the efficiency and accessibility of the judiciary,” Me Claveau said.
“So our immediate reaction is to say where is it coming from, why, and we’re really surprised by that. I can’t go much further in my reflections because that hasn’t happened yet,” she added, specifying that she had no indication that there would be a shortage of candidates for judicial posts.
In a press release, the Chamber of Notaries, for its part, said that it welcomed the initiative of the draft law to give its members access to justice.
Until now, only lawyers who have been members of the Bar Association for at least 10 years have been able to gain access to the highest offices of the court. The state government and the federal government have the power to appoint judges.