The Bar Association stands behind the presiding judge of the Quebec Court of Justice, Lucie Rondeau, in the face of the government’s decision to regulate the funding of the Conseil de la Magistrature.
Posted at 1:43 am. Updated at 5:00 p.m.
A change that could jeopardize the independence of the judiciary, argues Quebec President Catherine Claveau in a letter sent on Friday to Justice Minister Simon Jolin-Barrette, who we are consulting with.
Bill 26, introduced in the National Assembly on May 9, proposes that the Council no longer be funded “from the Consolidated Revenue Fund.” Rather, this would be done by “means decided annually by the National Assembly for this purpose”. A significant change as it could limit the Council’s funding from elected officials.
Chief Justice Lucie Rondeau, who is also President of the Magistracy Council, denounced an attack on the independence of the judiciary, the efficiency of the courts and access to justice in a press release.
PHOTO MARCO CAMPANOZZI, PRESS ARCHIVE
The presiding judge of the Quebec Court of Justice, Lucie Rondeau
I, Catherine Claveau, agree. “We understand that the intent of the bill is to ensure that the amounts awarded annually to the Conseil de la magistrature are part of a government budgetary process that is transparent about the use of public funds,” she wrote.
Accountability is also provided for in Bill 26 and the Barreau supports this measure.
But according to Me Claveau, the change proposed by Simon Jolin-Barrette “risks undermining the independence of the Conseil de la Magistrature.” This could lead to legal challenges that would undermine that necessary trust in our democratic system.”
There must be discussions, says the Bar Association
Three weeks before the bill was presented, the Minister and the Chief Justice had managed to reach a compromise to settle the long dispute over the judges’ timetable.
However, the Chief Justice of the Quebec Court of Justice had not been informed of the changes related to the funding of the Conseil de la Magistrature. For Me Claveau, the subject must be the subject of “prior discussion” between Mr. Jolin-Barrette and Ms. Rondeau.
The President of the Bar proposes “the conclusion of an agreement providing clear rules for the allocation of budgetary funds, thus guaranteeing the independence of the Conseil de la magistrature and ultimately the independence of the judiciary”.
Me Claveau goes even further and proposes a public consultation on the subject.
Quebec is losing its appeal in terms of judges’ bilingualism
It should be noted that the Conseil de la magistrature exceeded its annual budget by $1 million this year due to its involvement in numerous legal challenges, including that related to the bilingualism of judges and the reform of Bill 101 (Bill 96).
The Attorney General has previously criticized funds being used to challenge Law 96.
Simon Jolin-Barrette experienced another setback on the matter on Friday. The Court of Appeals dismissed his appeal against a Supreme Court decision last January. This made it possible to stay the process of selecting a new judge in Montérégie until the case was heard on the merits.