Delays in the justice system are a pressing issue. Several Quebec chief justices have recently voiced their concern about financing the justice system. Marie-Anne Paquette, Chief Justice of the Superior Court of Québec, spoke to Angle droit, Éducaloi’s radio program, about what she believes is the “North Star” of the justice system — the legal needs of citizens.
According to Marie-Anne Paquette, Chief Justice of the Superior Court of Québec, the issue of judicial delays in the province can’t be expressed in numbers alone. She believes the public needs transparency regarding the problem in its entirety.
”There are several ways of talking about judicial delays,” Chief Justice Paquette told Angle droit. “Are we talking about the time it takes from when proceedings are instituted to when a judgment is handed down? That’s an indicator of certain issues, but it’s not the only one. Or are we talking about the period of time after which the parties’ lawyers say they are ready to proceed, that is, to be heard by a trial judge?”
For the Chief Justice, well-informed management and evidence-based data are essential. She believes that what matters to citizens is the wait from the beginning of a procedure to the moment judgment is rendered. “And this delay is variable and can have different causes,” she noted.
For example, multiple procedures may be involved before a case reaches trial, cases may be more complex, or a trial may be delayed due to a lack of courtrooms or judges. “These delays are not the same everywhere. For the same dispute, such as a divorce, the time it takes before it can proceed can vary from six months to two years. The Superior Court will be working on this because people need to be able to obtain justice, regardless of their postal code,” she explained.
| A key number: 7. That’s the number of vacancies for Superior Court judges across the province. According to Chief Justice Paquette, one of the challenges in recruiting judges and court support staff is making the positions attractive, particularly in terms of salary. |
Simplifying administrative procedures
Like many other organizations, the Superior Court recently adopted a strategic plan detailing its main priorities between now and 2029. One of these is the simplification and harmonization of administrative procedures. This will not be achieved by the Chief Justice “alone in her office” but will require “the collaboration of many players.”
This strategic reflection has enabled the Superior Court to identify systemic issues and problems. Until very recently, when you went to the Superior Court, there were different rules in each district,” she explained. “These rules were the fruit of years of resourcefulness in adjusting to the needs of people in each district. But they’ve also had the effect of making it difficult to find one’s way around and to harmonize procedures. “We’re working on it, and it’s important to serve the whole population in a similar way. Right now, we have a lot of rules of practice, guidelines, and communication.”
“Clear legal communication is one of our key issues”
Chief Justice Paquette also drew a link between judicial delays and clear legal communication, which she sees as a key issue at the Superior Court. While this link isn’t always obvious, especially when it comes to understanding the issue of judicial delays, she believes that “if the path to court isn’t clear […] whether you have people represented by lawyers or not, you can find yourself facing a hearing that won’t proceed efficiently”.
In other words, if the steps necessary to be prepared for trial are unclear, it’s hard to envisage an effective and timely trial. This is a situation the Chief Justice finds frustrating for everyone — particularly those who wish to obtain justice quickly and efficiently.
“We all want a justice system that inspires public confidence. And to achieve that, the public must be able to understand what the court does, know that it works independently, that its decisions are well communicated, and that decisions have solid foundations and are not arbitrary. Our North Star is the public and their trust.”
| Did you know? Angle droit is Éducaloi’s radio program. Since September 2023, it has been broadcast in French on CIBL 101.5 on Tuesdays at 11 am and replayed on Thursdays at 10 am. It can also be heard on podcast platforms such as Balado Québec, Apple, or Spotify. |