T-16, r. 5 - Regulation respecting the procedure for the selection of persons apt for appointment as judges

Updated to 1 September 2012

This document has official status.

chapter T-16, r. 5

Regulation respecting the procedure for the selection of persons apt for appointment as judges

Courts of Justice Act

(chapter T-16, s. 88).

Replaced, O.C. 14-2012, 2012 G.O. 2, 17A, eff. 2012-01-28; see c. T-16, r. 4.1

DIVISION I DEFINITIONS

1. In this Regulation,

(a)  “court” means the Court of Québec or the Municipal Court of Laval, Montréal or Québec;

(b)  “co-ordinator” means the co-ordinator for the application of this Regulation designated by the Minister;

(c)  “Minister” means the Minister of Justice.

R.R.Q., 1981, c. T-16, r. 5, s. 1.

DIVISION II NOTICE OF POSITIONS TO BE FILLED

2. When a judge must be appointed, the Minister shall publish then or during the 6 months preceding the vacancy that must be filled, a notice in the journal of the Barreau du Québec or in a national, regional or local newspaper inviting interested persons to submit their candidacy for the selection procedure and informing all persons that they may propose the candidacy of a person that they consider apt to perform a judge’s duty.

However, when a new vacancy occurs less than 3 months after being filled, the Minister is not obliged to publish a new notice if there are persons apt for appointment as judges to that court under section 22.

R.R.Q., 1981, c. T-16, r. 5, s. 2.

3. The notice shall indicate:

(a)  the court where there is a vacancy;

(b)  the judicial district and place where the residence of the judge will be established;

(c)  the date before which a person must submit his candidacy to the co-ordinator.

The notice may also indicate the fact that the judge will perform his duties as a member of an agency or an administrative tribunal, in particular the Labour Court.

R.R.Q., 1981, c. T-16, r. 5, s. 3.

4. The notice shall be forwarded by the co-ordinator to the chief judge and to the senior associate chief judge of the court where there is a vacancy, to the Conseil de la magistrature as well as to the Bâtonnier of the Province of Québec.

R.R.Q., 1981, c. T-16, r. 5, s. 4.

DIVISION III CANDIDACY FOR SELECTION PROCEDURE

5. A person who satisfies the requirements established by the Act submits his candidacy for the selection procedure by forwarding to the co-ordinator his curriculum vitae accompanied by a recent photograph and containing the following information:

(a)  his name as well as the address and telephone number of his office and of his residence;

(b)  his date of birth;

(c)  the date of his admission to the Bar;

(d)  the proof of his entry on the roll of the Barreau du Québec and the section to which he belongs or, where applicable, the reasons why he is not entered on the roll;

(e)  the number of years that he has practised law and the principal areas of law in which he has concentrated his practice;

(f)  if he has not practised law for at least 10 years, the nature of the professional activities that he considers to have enabled him to acquire pertinent legal experience after obtaining his certificate of competence to practise the profession of advocate and the number of years that he has exercised those activities;

(g)  where applicable, any disciplinary decision rendered against him by a competent agency of the Bar or by the Professions Tribunal as well as the nature of and reasons for such decision;

(h)  where applicable, the name of his employers for the last 10 years;

(i)  the court and, where applicable, the position for which he is submitting his candidacy;

(j)  a statement summarizing the reasons why he wishes to be appointed judge.

R.R.Q., 1981, c. T-16, r. 5, s. 5.

6. All persons and in particular each section of the Bar may submit in writing to the Minister or to the co-ordinator the name of any person that they consider apt to perform a judge’s duties.

The co-ordinator shall accept such candidacy only after having obtained the consent of that person. The latter must then satisfy the requirements of section 5.

The co-ordinator may not disclose to the candidate the name of the person who proposed him without the written consent of the latter.

R.R.Q., 1981, c. T-16, r. 5, s. 6.

7. A candidate is deemed to have accepted that an investigation be carried out with respect to him with the Bar and with police authorities.

R.R.Q., 1981, c. T-16, r. 5, s. 7.

8. If the file of the candidate is complete, the co-ordinator forwards it to the selection committee contemplated in Division IV and informs the candidate thereof.

R.R.Q., 1981, c. T-16, r. 5, s. 8.

DIVISION IV SETTING UP OF SELECTION COMMITTEE

9. Following publication of the notice contemplated in section 2, the Minister shall set up a selection committee.

However, for the judicial districts of Montréal and Québec, the Minister may set up on 1 January of each year a selection committee that replaces the committee referred to in the first paragraph with respect to notices published during the year to fill judges’ positions whose residence will be established in those judicial districts.

Except where the Minister requests it to do so, a committee set up under the second paragraph does not deal with cases where the judges to be appointed will perform their duties as members of an agency or an administrative tribunal. Such cases are then dealt with by a committee set up under the first paragraph and section 10.

R.R.Q., 1981, c. T-16, r. 5, s. 9.

10. A selection committee is composed of 3 persons appointed by the Minister including a chair:

(a)  a judge of the court where there is a vacancy, on the recommendation of the chief judge or the senior associate chief judge as the case may be;

(b)  an advocate appointed after consultation with the Barreau du Québec;

(c)  a person who is neither a judge nor an advocate.

The Minister may appoint, in accordance with the procedure set out in the first paragraph, a person to act as substitute for each of the members of the committee when the member is absent or disqualifies himself.

R.R.Q., 1981, c. T-16, r. 5, s. 10.

11. A member of a committee must disqualify himself with respect to a candidate:

(a)  if he is a relative of or related to the degree of cousin-german inclusively with such candidate; or

(b)  if that candidate is or was an associate, an employer or an employee.

R.R.Q., 1981, c. T-16, r. 5, s. 11.

12. Each member of the committee and the co-ordinator must take the oath of discretion provided in Schedule A.

R.R.Q., 1981, c. T-16, r. 5, s. 12.

13. A person may be appointed a member of several committees simultaneously.

R.R.Q., 1981, c. T-16, r. 5, s. 13.

DIVISION V FUNCTIONING OF THE COMMITTEE

14. The co-ordinator forwards to the chair of the committee the list of candidates and their files.

R.R.Q., 1981, c. T-16, r. 5, s. 14.

15. The committee calls each of the candidates to an interview.

If an interview cannot be arranged, the committee must indicate this in its report to the Minister and give the reasons why.

R.R.Q., 1981, c. T-16, r. 5, s. 15.

16. The chair decides the date and place where the meetings of the committee will be held. He informs the candidate or requests the co-ordinator to do so.

R.R.Q., 1981, c. T-16, r. 5, s. 16.

17. The meetings of the committee with the candidates must be held without any publicity and at a location and at times such that the meetings are held with discretion.

R.R.Q., 1981, c. T-16, r. 5, s. 17.

DIVISION VI SELECTION CRITERIA

18. The committee determines the competence of the candidate for appointment as a judge. For that purpose, it assesses the personal and intellectual qualities of the candidate as well as his experience.

The committee assesses, in particular, the candidate’s degree of legal knowledge in the areas of law in which the judge will perform his duties, as well as his capacity for judgment, his insight, his ability for evaluation, his sense of decision and his concept of a judge’s duty.

R.R.Q., 1981, c. T-16, r. 5, s. 18.

DIVISION VII REPORT OF THE COMMITTEE

19. The committee submits its report to the Minister as soon as possible.

R.R.Q., 1981, c. T-16, r. 5, s. 19.

20. Such report indicates the names of the candidates that the committee has interviewed and that it considers apt for appointment as judges.

It also contains any comment that the committee considers advisable to make in particular with respect to the special characteristics of the persons who qualify.

In addition, the report notes, where applicable, the fact that the committee has reasons to doubt that the state of health of a candidate permits him to occupy the office of judge.

R.R.Q., 1981, c. T-16, r. 5, s. 20.

21. A member may dissent from all or part of the committee’s report.

R.R.Q., 1981, c. T-16, r. 5, s. 21.

22. The decision of a committee on the competence of a person for appointment as judge of a court is valid for any other position in that court for which a notice is given within 12 months following publication of the notice to which that person has responded.

A candidate may not apply again to that court during such period.

R.R.Q., 1981, c. T-16, r. 5, s. 22.

23. The co-ordinator keeps up-to-date the list of persons who have been declared apt for appointment as judges of a court.

R.R.Q., 1981, c. T-16, r. 5, s. 23.

24. When a committee has reported to the Minister, the co-ordinator writes to the persons who have been called by the committee to inform them of such fact and to specify until what date the decision of the committee in their respect will be valid, in accordance with section 22.

R.R.Q., 1981, c. T-16, r. 5, s. 24.

DIVISION VIII COMPETENCE OF A JUDGE OF ONE COURT FOR APPOINTMENT AS JUDGE OF ANOTHER COURT

25. Despite the other provisions of this Regulation, a judge of one court is apt for appointment as judge of another court when the chief judges of each of those courts forward a notice to such effect to the Minister.

R.R.Q., 1981, c. T-16, r. 5, s. 25.

DIVISION IX GENERAL PROVISIONS

26. If the Minister is of the opinion, after having received the report of a committee and having taken into account the list of persons apt for appointment as judges of a court, that he cannot, in the best interest of justice, recommend an appointment, he may publish another notice in compliance with the one contemplated in Division II.

The committee that made a report following the first notice then calls the persons who have submitted their candidacy following the second notice and reports to the Minister in accordance with this Regulation.

R.R.Q., 1981, c. T-16, r. 5, s. 26.

27. The names of candidates for the selection procedure, the report of a committee as well as the documents attached to a registration are confidential. Such documents are kept by the co-ordinator.

In particular, the decision and the comments of a committee with regard to a candidate are not communicated to the latter.

R.R.Q., 1981, c. T-16, r. 5, s. 27.

DIVISION X INDEMNITIES AND ALLOWANCES OF MEMBERS OF A COMMITTEE

28. A member of a committee, except if he is a judge or he occupies an office or position within the public service or an agency for which the appointment of members is the responsibility of the Government, receives fees of $100 per one-half day of sitting that he attends.

R.R.Q., 1981, c. T-16, r. 5, s. 28.

29. A member of a committee is compensated for what it costs him to attend sittings of his committee, in accordance with the provisions applicable to judges.

However, even if he resides within the boundaries of the judicial district where that committee holds its sittings, a member of a committee sitting the whole day is entitled to payment of his noon meal. This rule applies also to evening meals in the case where a committee sits for a period of at least 1 hour and 30 minutes in the evening after having sat in the afternoon.

R.R.Q., 1981, c. T-16, r. 5, s. 29.

SCHEDULE A

(s. 12)

OATH OF DISCRETION

I, __________(name)__________ swear that I will not reveal or disclose, unless duly authorized, anything that may come to my knowledge in the discharge of my duties.

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(signature)

Sworn before me at ___________________________________________________________________

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this ________________________________________________________________________________

R.R.Q., 1981, c. T-16, r. 5, Sch. A.

REFERENCES

R.R.Q., 1981, c. T-16, r. 5