A new division of the Court of Quebec to better support the plaintiffs
The Minister of Justice wants a tribunal specializing in sexual and domestic violence. Rather, the Court of Quebec created a new division and reorganized judicial activities in order to better support the plaintiffs.
TOBefore the study of the Legault government's bill on the specialized tribunal, the Court of Quebec released its response to the Rebuilding Confidence report on Tuesday on the reforms needed to improve support for victims.
The Division of Charges in a Conjugal and Sexual Context (ACCES), which will be in place from the beginning of 2022, does not bear the name of "specialized court" for several reasons, explains Chief Justice Lucie Rondeau, in an interview with the Sun. .
The "court specializing in conjugal and sexual violence" is an expression that the Court of Quebec does not accept, because it leads the public to believe, wrongly, that judges will apply the law differently when they do not. can't, says the chief justice. It is also an expression which presumes that the allegation of violence is founded. In my opinion, that undermines our obligation of neutrality and impartiality. ”
TOBefore the study of the Legault government's bill on the specialized tribunal, the Court of Quebec released its response to the Rebuilding Confidence report on Tuesday on the reforms needed to improve support for victims.
The Division of Charges in a Conjugal and Sexual Context (ACCES), which will be in place from the beginning of 2022, does not bear the name of "specialized court" for several reasons, explains Chief Justice Lucie Rondeau, in an interview with the Sun. .
The "court specializing in conjugal and sexual violence" is an expression that the Court of Quebec does not accept, because it leads the public to believe, wrongly, that judges will apply the law differently when they do not. can't, says the chief justice. It is also an expression which presumes that the allegation of violence is founded. In my opinion, that undermines our obligation of neutrality and impartiality. ”
The ACCES division will bring together in the same judicial session, therefore on the same day and in the same room, all cases relating to domestic violence or sexual crimes offenses.
Each region will decide on the number of sessions and the number of courtrooms required based on the volume of cases.
The Court of Quebec is optimistic that by reorganizing judicial activities, it will facilitate the work of the organizations that support the plaintiffs throughout the process and communications between all.
“This will allow the workers to save time and better focus on their role of supporting and informing,” says Ms. Rondeau.
Domestic violence and sexual crimes cases will also be the subject of more systematic management by the judiciary. During these management sessions, the judges keep each other informed of the progress of the case, set the agenda, and try to iron out the difficulties.
This closer monitoring could reduce delays, hopes the Court of Quebec. "It's likely to do that," Judge Rondeau cautiously advances. But I cannot say so categorically because everything does not depend on the interventions of the judge. ”
The Chief Justice would not want the public to believe that the Court of Quebec will treat ACCES cases as a priority over others. "It is not only in matters of spousal offenses or sexual crimes where victims have needs," she recalls. Let us think of a family destroyed by a driver, of a major fraud, of kidnapping. ”
160 rotating judges
For the moment, the creation of the ACCES division is done using existing resources. "But it will probably require additional resources for the judiciary," predicts the chief justice.
The 160 judges of the Criminal Division of the Court of Quebec will be assigned in rotation to the files of the ACCES division.
There is no question of assigning a team of judges dedicated strictly to the causes of domestic violence or sexual assault. “This is not the recommendation in the Rebuilding Confidence report,” notes Chief Justice Rondeau. It is important to vary the type of cases to maintain the personal balance of the judge and it is essential to have diversified and balanced assignments between the judges to share this heavy workload which is that of the judges. ”
Already specialized
In his Bill 92, the Minister of Justice of Quebec emphasizes the training of judges called upon
to hear cases of sexual crimes or domestic violence.
Chief Justice Rondeau says she is "more than confident" in the training continuously acquired
by her judges, during ten days of annual liberation.
Judges receive training on the rules of law, but also on social realities. Recently, the training program covered topics such as the impact of current events on intervention with victims of sexual assault, social vulnerabilities among young adults LBGTQ, cultural and religious differences and their impacts and the management of sexual assault. instance of domestic offenses. "The judges are trained and with the volume of cases of this type that they are already doing, we can say that they are specialized," said Ms. Rondeau.
Several complainants have described in various forums how painful they found the court process,
including their cross-examination by counsel for the accused.
The cross-examination of the complainants will always remain a difficult thing, as is the cross-examination of the accused, believes the Chief Justice. “The ACCES division will not change that, she agrees. But if complainants are better accompanied, if police officers are specifically trained to take the statement properly, if Crown prosecutors are better trained to be able to oppose questions that could be vexatious and go beyond cross-examination. , if all that is in place, it may be less stressful for the complainant. ”
Each region will decide on the number of sessions and the number of courtrooms required based on the volume of cases.
The Court of Quebec is optimistic that by reorganizing judicial activities, it will facilitate the work of the organizations that support the plaintiffs throughout the process and communications between all.
“This will allow the workers to save time and better focus on their role of supporting and informing,” says Ms. Rondeau.
Domestic violence and sexual crimes cases will also be the subject of more systematic management by the judiciary. During these management sessions, the judges keep each other informed of the progress of the case, set the agenda, and try to iron out the difficulties.
This closer monitoring could reduce delays, hopes the Court of Quebec. "It's likely to do that," Judge Rondeau cautiously advances. But I cannot say so categorically because everything does not depend on the interventions of the judge. ”
The Chief Justice would not want the public to believe that the Court of Quebec will treat ACCES cases as a priority over others. "It is not only in matters of spousal offenses or sexual crimes where victims have needs," she recalls. Let us think of a family destroyed by a driver, of a major fraud, of kidnapping. ”
160 rotating judges
For the moment, the creation of the ACCES division is done using existing resources. "But it will probably require additional resources for the judiciary," predicts the chief justice.
The 160 judges of the Criminal Division of the Court of Quebec will be assigned in rotation to the files of the ACCES division.
There is no question of assigning a team of judges dedicated strictly to the causes of domestic violence or sexual assault. “This is not the recommendation in the Rebuilding Confidence report,” notes Chief Justice Rondeau. It is important to vary the type of cases to maintain the personal balance of the judge and it is essential to have diversified and balanced assignments between the judges to share this heavy workload which is that of the judges. ”
Already specialized
In his Bill 92, the Minister of Justice of Quebec emphasizes the training of judges called upon
to hear cases of sexual crimes or domestic violence.
Chief Justice Rondeau says she is "more than confident" in the training continuously acquired
by her judges, during ten days of annual liberation.
Judges receive training on the rules of law, but also on social realities. Recently, the training program covered topics such as the impact of current events on intervention with victims of sexual assault, social vulnerabilities among young adults LBGTQ, cultural and religious differences and their impacts and the management of sexual assault. instance of domestic offenses. "The judges are trained and with the volume of cases of this type that they are already doing, we can say that they are specialized," said Ms. Rondeau.
Several complainants have described in various forums how painful they found the court process,
including their cross-examination by counsel for the accused.
The cross-examination of the complainants will always remain a difficult thing, as is the cross-examination of the accused, believes the Chief Justice. “The ACCES division will not change that, she agrees. But if complainants are better accompanied, if police officers are specifically trained to take the statement properly, if Crown prosecutors are better trained to be able to oppose questions that could be vexatious and go beyond cross-examination. , if all that is in place, it may be less stressful for the complainant. ”
ISABELLE MATHIEU
The sun
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The sun
https://www.lesoleil.com/actualite/justice-et-faits-divers/une-nouvelle-division-de-la-cour-du-quebec-pour-mieux-soutenir-les-plaignantes-6bc4a170b04ab5ef68df21a7528c1850?utm_source=omerlo&utm_medium=mailer&utm_campaign=Le+r%C3%A9sum%C3%A9+du+soir+%3A+Le+tunnel+Qu%C3%A9bec-L%C3%A9vis%2C+%C2%ABle+moins+pire+projet%C2%BB