Explosion of child protection cases, shortage of judges, over-conviction: 126 criminal cases recently collapsed in Abitibi-Témiscamingue and Nunavik due to catastrophic delays. While Minister Simon Jolin-Barrette blames the Quebec court for the delays, he has just canceled a bid for a judge in Val-d’Or for the second time.
Posted at 5:00 am.
“At every stop [du processus judiciaire], It is a tragedy. It’s incredible,” said Thierry Roland Potvin, coordinating judge at the Quebec Court for the Abitibi-Témiscamingue-Eeyou Istchee-Nunavik region, on the line.
For four years, delays have nearly doubled in this vast jurisdictional region, which also includes itinerant courts Nunavik and Eeyou Istchee. The needs continue to increase. Result: The system collapses. The actors in the region interviewed by La Presse are alarmed by the situation.
“It’s really very unfortunate and very sad. Things have probably gotten worse in the last year. We are very concerned,” I am concerned about Kathy Tremblay, President of the Abitibi-Témiscamingue Bar, which includes the Eeyou Istchee and Nunavik regions.
A measure of “last resort”.
I, Louis-Nicholas Coupal, was in Nunavik two weeks ago and will be returning there soon. The experienced lawyer fears the worst if the state does not approve new funds. “There is a very impressive backlog of files for 2023 and 2024,” he notes.
Since last March, the Director of Criminal and Penal Prosecutions (DPCP) has closed 126 cases (by nolle prosequi) in the Abitibi district, including around a hundred in the Wandering Court. Of these, 24 cases of domestic violence and one of sexual violence were dismissed.
PHOTO MARTIN CHAMBERLAND, LA PRESSE ARCHIVE
I Audrey Roy-Cloutier, spokesperson for the Director of Criminal and Correctional Services
“However, this measure of last resort, which we are reluctant to use, will allow other cases to be closed within the timeframes prescribed by the Jordan judgment,” said DPCP spokeswoman Me Audrey Roy-Cloutier.
In particular, due to the “significant reduction in the number of trial days offered” by the Quebec court, it has become “impossible” to conduct the trials within a reasonable time, the DPCP explains. In the Jordan decision, the Supreme Court set the upper limit for a case at 18 or 30 months.
Me Roy-Cloutier recalls that since the Quebec Court of Justice’s decision last year to limit criminal judges’ hearings, the DPCP has been forced to prioritize certain files when it is impossible to delay processing all the files. This extraordinary policy was launched last February by the Director of the DPCP.
lack of judges
If there are fewer trial days, it’s because of the explosion in the number of juvenile cases, says the Quebec court’s coordinating judge. In recent months, he’s had to make heartbreaking decisions: to depose criminal judges to deal with child protection cases.
I knew there would be major delays. […] I have made the decision that child protection deserves priority.
Thierry Roland Potvin, coordinating judge at the Quebec Court for the Abitibi-Témiscamingue-Eeyou Istchee-Nunavik region
Despite all this, the Quebec court is unable to meet the urgent need for youth in Nunavik and the Eeyou Istchee Cree region. “And I cannot completely expose the criminal chamber,” emphasizes the coordinating judge.
Judges in the region are also having to “sacrifice” cases near the Jordanian ceiling to hear the cases of defendants who have been detained for several months. “Should I keep this person incarcerated for three more months, or do I mean it today to the detriment of a case that would otherwise die?”,” explains the coordinating judge.
According to judge Thierry Roland Potvin, the “big problem” is the absence of four judges from his team for almost a year. Last year, only 9 out of 13 judges were in office in the region. Among those absent, two were ill, one had retired and the last position was never filled by Quebec. Since then, two new judges have been appointed. That puts you at 11 out of 13.
Still tensions
Unusual fact: Justice Minister Simon Jolin-Barrette recently canceled the bid for the new position of judge in Val-d’Or for a second time, despite it being announced in Spring 2022. An exceptional situation. A third competition has just started, confirms judge Thierry Roland Potvin.
“Everything was handled according to regulations,” the minister’s office defended itself, referring to positions that were “more difficult” to fill.
Minister Jolin-Barrette essentially blames the Quebec court for the extension. “The change in ratio imposed by the Quebec court was valid for several months. This has led to consequences, as we predicted. And that’s what we have to deal with today,” his office says.
Last year, judges in the Quebec Court of Justice’s criminal division met less frequently, a decision by the chief justice that sparked open war with Minister Simon Jolin-Barrette. Although an agreement was reached in the spring to hire new judges and increase the number of judges’ meeting days, tensions remain high.
However, since the reform, practically no judge in his region has served the minimum, defends coordinating judge Thierry Roland Potvin. “I sat for 110 days when I was supposed to sit for 45 days. We are sensitive,” he assures.
On the other hand, 13 judges are not “many for all needs,” says the coordinating judge. Unlike their counterparts elsewhere in Quebec, they handle the files of all chambers in addition to traveling to the roving court.
Simon Jolin-Barrette’s office claims that the Quebec court has not requested any new positions in this region. In addition, the number of judges has increased from 10 to 13 since 2020. Judge Thierry Roland Potvin responds that two of the new judges work full time for telephone appearances.
Huge stress for the victims
Me Louis-Nicholas Coupal, who represents survivors of crime in Nunavik, emphasizes the impact delays have on victims. “It exaggerates the suffering of the victims and prevents them from turning the page,” complains the lawyer leading three class actions against the government in cases in the Far North.
Female victims of domestic violence are worried about legal delays, says Cathy Allen, coordinator of the Alternative pour Elles assistance and accommodation center in Rouyn-Noranda.
This worries us at the animal shelter. The files are piling up and the inquiries are increasing?
Cathy Allen, coordinator of the Alternative pour Elles relief and accommodation center
Recently, the home accompanied two women to court as part of a lawsuit alleging unreasonable delays. “When a Jordan River is debated, it puts an enormous burden on the victims,” she said.
Local emergency shelter services are more in demand than ever. “Our houses in Abitibi are full,” summarizes Cathy Allen.
” [Ces délais]“Unfortunately, this can only undermine the public’s opinion of the justice system,” concludes President Kathy Tremblay.
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304 days Average time to close a file in Abitibi–Témiscamingue–Eeyou Istchee–Nunavik in 2023. In 2019 it was 166 days.
Source: Quebec Ministry of Justice