The Court of Quebec is very important because it is there that many cases are heard by a judge for the first time. The Court of Quebec is divided into four sections : the Civil Division, the Criminal and Penal Division, the Youth Division and the Unified Family Tribunal. It also includes the Small Claims Division, which is often referred to as “small claims court” in English.
Judges of the Court of Quebec
The Court of Québec is composed of approximately 330 judges, including:
- the chief judge,
- the senior associate chief judge,
- three associate chief judges.
Types of Cases in the Civil Division
The types of cases that can come before the Civil Division of the Court of Quebec depend on the amount of money in dispute. In general, the Court of Quebec hears claims of less than $75,000.
The Civil Division of the Court of Quebec can also hear claims between $75,000 and $100,000. In the latter case, the person who initiates the proceeding may choose to file it before the Civil Division of the Court of Québec or before the Superior Court.
|
What about small claims? “Small claims court” is actually a division of the Court of Québec that handles certain legal claims under $15,000. The rules are much simpler than in other courts, and people usually cannot have a lawyer represent them. |
The Court of Quebec hears a variety of matters ranging from the recovery of municipal or school taxes to having a person undergo a psychiatric examination, or confined to an institution.
In addition, only the Court of Quebec can hear appeals of certain decisions made by other bodies. For example, the Court hears appeals of decisions made by:
- Quebec’s access to information commission (Commission d’accès à l’information),
- Quebec’s housing court (Tribunal administratif du logement),
- Quebec’s administrative tribunal related to police ethics (Tribunal administratif de déontologie policière),
- Quebec’s tax agency (Revenu Québec).
The Court of Quebec has the power to uphold the body’s decision or change it.
What about the other sections?
The Criminal and Penal Division hears “summary” convictions (also called “offences punishable on summary conviction”), which are usually less serious criminal offenses. The process for these cases is simpler than for other criminal acts , but a conviction can still lead to a criminal record. Summary convictions can include theft or fraud under $5,000, mischief, and more.
The Criminal and Penal Division of the Court of Québec also handles cases where the accused chooses a trial without a jury. Finally, it deals with prosecutions based on offenses found outside the Criminal Code, such as offenses under the Highway Safety Code.
The Youth Division hears cases of adoption and youth protection and criminal cases where the accused was a minor when the offence took place.
The Unified Family Tribunal hears certain family-related cases. It deals with claims from couples in a civil union or parental union, as well as cases related to surrogacy.