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Strengthening judicial management and ethics

Full Title:
An Act to Increase Public Confidence in the Justice System by Modernizing Judicial Ethics and Implementing Certain Recommendations of the Judges' Remuneration Committee for the Period 2023-2027

Summary#

Bill 25 modernizes court management and judicial ethics (code of conduct for judges). It also implements several recommendations from the Judicial Compensation Committee for 2023-2027.

Key changes to organization and ethics

  • The role of the Chief Justice is clarified and strengthened. They can better allocate cases, schedule hearings, and assign judges, including in other areas or districts, to reduce delays. Judges must follow their directives.
  • Coordinating judges and deputy chief judges actively support this management and must report any failures to follow directives. In criminal and penal matters, a monthly follow-up on delays is sent to the Chief Justice.
  • Judges must provide the Chief Justice with the necessary information for management.
  • The judges' oath is updated to include the interest of litigants and respect for commitments made upon appointment.
  • The Judicial Council (the body that receives and processes ethical complaints) is revised: a new vice-presidency is assigned to the chief municipal judge; composition adjusted and incompatibility criteria specified (e.g., recent political positions excluded). No more "after consultation" appointments and based on expertise in ethics.
  • Prevention of misconduct: chief judges (Court of Quebec and municipal courts) can intervene preventively and confidentially with a judge; if they intervene, they do not participate in the investigation of those facts.
  • Complaint process clarified from start to finish: simple filing (possibility to keep the complainant's identity confidential), filtering (eligibility and admissibility), communication of explanations, reasoned decisions, and increased publication of decisions and reports on the Council's website (with anonymization in certain cases).
  • Investigation committees including non-lawyers to increase public transparency. Management conference within 30 days. The Minister of Justice may attend.
  • Provisional powers: suspension of a judge during the investigation or temporary assignment to other tasks if the interest of justice requires it.
  • Expanded range of measures if a complaint is founded: apologies, training or therapy, prohibition of incompatible activities, reprimand, suspension without pay for up to 6 months, recommendation to initiate removal proceedings, or expression of concerns (former judge).
  • Implementation of decisions: publication of reports; the Chief Justice must apply the decisions and file a complaint if a judge does not comply.
  • The Council must promote access to justice in French. Its budget is prepared jointly by the president and the vice-president. Its annual report includes the attendance of its members.

Compensation, retirement, and financial rules

  • Additional compensation for leadership positions (Chief Justice, Associate Chief Justice, Deputy Chief Judges, Presidents of the Human Rights and Professions Tribunals) becomes pensionable. The criterion of at least 7 years in these positions is removed. For the chief municipal judge, a minimum of 5 years applies.
  • Substitute judges and magistrate judges: possible compensation by half-day; deliberation time (writing decisions) is paid when required.
  • Part-time municipal judges: possibility to buy back past years of service (since 2001) and transfer accrued rights from a public plan (RREGOP/RRPE) to the judges' plan of the Court of Quebec. Tight deadlines after sanction (request within 180 days; offer valid for 60 days).
  • Maximum age for participation in pension plans and supplementary benefits raised from 69 to 71 years (tax harmonization).
  • Actuarial rules updated for sharing retirement rights upon separation.
  • Standardization of municipal contribution rules to the retirement and supplementary benefits plans of municipal judges.
  • Transitional provisions: complaints filed before the coming into force remain processed under the old regime; specific deadlines for reviews by Retraite Québec.

What this means for you#

For litigants and the public

  • More cases heard faster, thanks to tighter management of hearing roles and judge assignments.
  • More transparency regarding judges' conduct: decisions and reports published by the Judicial Council.
  • Clearer and more accessible complaint process, with support as needed and the possibility of confidentiality for the complainant's identity.
  • Increased guarantee of service in French.

For those involved in criminal and penal matters

  • Monthly follow-up on delays and obligation for the Court to be ready when the parties are.

For judges

  • Increased obligations to collaborate with the Chief Justice (information, compliance with assignments, efficiency objectives).
  • Support and prevention tools if conduct issues are detected.
  • Risk of more graduated and tailored sanctions in case of misconduct.
  • Changes to retirement plans: more pensionable compensation, possibility of buyback/transfer (municipal judges), extended participation age, half-day payment rules, and paid deliberation.

For municipalities

  • Harmonized rules for their contributions to the retirement and benefits plans of municipal judges.

Costs#

  • Administration: costs to modernize the Judicial Council (processing complaints, publications, committees including non-judges, management conferences).
  • Compensation and retirement: increase in employer contributions as additional compensations become pensionable; long-term financial effects on plans (mitigated when buyback is paid by the judge at actuarial cost).
  • Half-day compensation and paid deliberation: modest but recurring budgetary impacts.
  • Technical adjustments for Retraite Québec (revisions and transfers).

No publicly available information.

Supporters' viewpoint#

  • Strengthens public trust through increased transparency, mixed investigation committees, and publication of decisions.
  • Provides court leaders with the tools to reduce delays and better serve litigants.
  • Prevention before sanction: a more humane and effective approach to correcting conduct issues.
  • More nuanced and enforceable sanction scale, proportionate to the severity of misconduct.
  • Implements independent recommendations on compensation, harmonizes retirement plans with tax rules, and recognizes the additional responsibilities of leadership judges.
  • Facilitates the mobility of judges and inter-district assignments to meet on-the-ground needs.

Opponents' viewpoint#

  • Concern about centralizing too much power in the hands of court leaders and harming the individual independence of judges.
  • Possible presence of the minister at certain stages and expanded publication of decisions: perceived risk of interference or damage to reputation.
  • Addition of non-lawyers to committees: some see this as a potential politicization of investigations.
  • More open complaint process (complainant's identity confidential) could lead to abuses or more frivolous complaints despite filters.
  • Potentially higher public costs related to retirement changes and increased management, without detailed public estimates.
  • More complex retirement rules; raising the participation age to 71 could delay the renewal of the judiciary.