Bill 8 rushed through
(Quebec) The National Assembly rushed through Bill 8, which tackles small claims delays.
"We are doing useful work," Justice Minister Simon Jolin-Barrette said Wednesday in his closing remarks before the adoption of the bill that was introducedon February 1.
The Minister plans to reduce the small claims wait by more than half. Currently, the average wait time for a hearing is 22 months — the wait is even more than three years in some districts.
The Small Claims Division of the Court of Québec hears cases where the amount in dispute is $15,000 or less.
It opens nearly 20,000 files each year.
Citizens represent themselves on all sorts of issues, from neighbourhood disturbances to reimbursement of defective goods.
Bill 8 "aimed at improving the efficiency and accessibility of justice" makes free mediation mandatory, and arbitration,
automatic, for cases under $5000,<>.
The minister believes that this will allow citizens to be more involved, and to obtain a resolution of their disputes
more quickly, within three to nine months.
A pilot project has shown that the settlement rate with mediation is 60%, he said when tabling his bill last month.
However, parliamentarians saw fit to amend the piece of legislation to exempt cases involving the presence of sexual or domestic violence from the obligation to use mediation and arbitration.
"The majority of cases will no longer end up in court," predicted Mr. Jolin-Barrette, who also sees it as a way
to relieve judges so that they can hear other cases.
He assured that the number of accredited mediators in Quebec (500) is sufficient to process requests.
In addition, the Act aims to simplify civil procedure at the Court of Québec. It prohibits examinations for discovery in cases under $50,000 and expert opinions will be limited.
Another novelty: the law will allow notaries who have practised for at least ten years to be appointed judges of the Court of Québec to "diversify" the judiciary.
It also includes a clause that changes the composition of the Conseil de la magistrature, in order to add a member appointed after consultation with organizations working with victims of crime.
In introducing his bill, Minister Jolin-Barrette said he wanted to give victims a voice.
On Wednesday, the spokesperson for Québec solidaire in matters of justice, Christine Labrie,
stressed the "very little controversial" nature of the law.
"[She] brings a change in culture by focusing heavily on mediation. I think it's for the best.
We very much hope that it will reduce delays in the justice system," she said.
For his part, Liberal MP André Albert Morin asked the government to invest the money needed
to improve the system and measure progress using a "dashboard".
"We are doing useful work," Justice Minister Simon Jolin-Barrette said Wednesday in his closing remarks before the adoption of the bill that was introducedon February 1.
The Minister plans to reduce the small claims wait by more than half. Currently, the average wait time for a hearing is 22 months — the wait is even more than three years in some districts.
The Small Claims Division of the Court of Québec hears cases where the amount in dispute is $15,000 or less.
It opens nearly 20,000 files each year.
Citizens represent themselves on all sorts of issues, from neighbourhood disturbances to reimbursement of defective goods.
Bill 8 "aimed at improving the efficiency and accessibility of justice" makes free mediation mandatory, and arbitration,
automatic, for cases under $5000,<>.
The minister believes that this will allow citizens to be more involved, and to obtain a resolution of their disputes
more quickly, within three to nine months.
A pilot project has shown that the settlement rate with mediation is 60%, he said when tabling his bill last month.
However, parliamentarians saw fit to amend the piece of legislation to exempt cases involving the presence of sexual or domestic violence from the obligation to use mediation and arbitration.
"The majority of cases will no longer end up in court," predicted Mr. Jolin-Barrette, who also sees it as a way
to relieve judges so that they can hear other cases.
He assured that the number of accredited mediators in Quebec (500) is sufficient to process requests.
In addition, the Act aims to simplify civil procedure at the Court of Québec. It prohibits examinations for discovery in cases under $50,000 and expert opinions will be limited.
Another novelty: the law will allow notaries who have practised for at least ten years to be appointed judges of the Court of Québec to "diversify" the judiciary.
It also includes a clause that changes the composition of the Conseil de la magistrature, in order to add a member appointed after consultation with organizations working with victims of crime.
In introducing his bill, Minister Jolin-Barrette said he wanted to give victims a voice.
On Wednesday, the spokesperson for Québec solidaire in matters of justice, Christine Labrie,
stressed the "very little controversial" nature of the law.
"[She] brings a change in culture by focusing heavily on mediation. I think it's for the best.
We very much hope that it will reduce delays in the justice system," she said.
For his part, Liberal MP André Albert Morin asked the government to invest the money needed
to improve the system and measure progress using a "dashboard".
