T-15.2 - Act to create a court specialized in sexual violence and domestic violence

Updated to 30 November 2021

This document has official status.

chapter T-15.2

Act to create a court specialized in sexual violence and domestic violence

AS sexual violence and domestic violence problems in society are widely prevalent and complex;

AS it is important that psychosocial and justice system actors act in a concerted manner to prevent and fight those problems;

AS respecting the rights of an accused, including the presumption of innocence, is one of the founding principles of the penal and criminal system;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

1. This Act is intended to rebuild trust in the justice system for persons who are victims of sexual violence or domestic violence and, for that purpose, to see that measures are taken so that persons wishing to do so may initiate and pursue a judicial process.

It is intended to ensure that psychosocial and judicial services offered to persons who are victims are integrated and adapted, that the physical premises are laid out in a safe and reassuring manner and that a sustained effort is made to reduce delays in processing files.

It is intended to ensure a special procedure for proceedings involving sexual violence or domestic violence and ensure the professional development of actors in those matters to reduce the risks of secondary victimization that would expose persons who are victims to trivialization of or a lack of sensitivity regarding the violence they have suffered.

It is intended to ensure that the special needs of persons who are victims of sexual violence or domestic violence are considered all along their journey, including during the judicial process.

It is intended to ensure that persons who are victims are supported by specialized and dedicated actors, and that their specialization is ensured through continuing education.

It is intended to ensure that support measures take into account the cultural and historic realities of First Nations and Inuit persons who are victims.

2021, c. 32, s. 1.

Act respecting municipal courts

2. (Amendment integrated into c. C-72.01, s. 33.1).

2021, c. 32, s. 2.

Courts of Justice Act

3. (Not in force).

2021, c. 32, s. 3.

4. (Not in force).

2021, c. 32, s. 4.

5. (Amendment integrated into c. T-16, s. 87.1).

2021, c. 32, s. 5.

6. (Amendment integrated into c. T-16, s. 93).

2021, c. 32, s. 6.

7. (Amendment integrated into c. T-16, s. 162.1).

2021, c. 32, s. 7.

8. (Amendment integrated into c. T-16, s. 165.1).

2021, c. 32, s. 8.

9. (Amendment integrated into c. T-16, s. 257).

2021, c. 32, s. 9.

10. (Amendment integrated into c. T-16, s. 259.1).

2021, c. 32, s. 10.

Act respecting legal aid and the provision of certain other legal services

11. (Amendment integrated into c. A-14, Div. I, s. 83.0.1 and Div. II).

2021, c. 32, s. 11.

12. (Amendment integrated into c. A-14, ss. 83.2, 83.3, 83.9, 83.16 and 83.18).

2021, c. 32, s. 12.

Act respecting the Director of Criminal and Penal Prosecutions

13. (Amendment integrated into c. D-9.1.1, s. 5).

2021, c. 32, s. 13.

14. (Amendment integrated into c. D-9.1.1, s. 6.1).

2021, c. 32, s. 14.

15. (Amendment integrated into c. D-9.1.1, s. 7).

2021, c. 32, s. 15.

16. (Amendment integrated into c. D-9.1.1, ss. 8 and 10).

2021, c. 32, s. 16.

17. (Amendment integrated into c. D-9.1.1, s. 9).

2021, c. 32, s. 17.

18. (Amendment integrated into c. D-9.1.1, ss. 11, 16 and 25).

2021, c. 32, s. 18.

19. (Amendment integrated into c. D-9.1.1, Schedule 1, French text).

2021, c. 32, s. 19.

Public Service Act

20. (Amendment integrated into c. F-3.1.1, s. 115).

2021, c. 32, s. 20.

Regulation respecting the selection procedure of candidates for the office of judge of the Court of Québec, municipal court judge and presiding justice of the peace

21. (Amendment integrated into c. T-16, r. 4.1, Schedule A).

2021, c. 32, s. 21.

Regulation respecting the application of the Act respecting legal aid and the provision of certain other legal services

22. (Amendment integrated into c. A-14, r. 4, s. 97).

2021, c. 32, s. 22.

23. (Amendment integrated into c. A-14, r. 4, s. 100).

2021, c. 32, s. 23.

24. (Amendment integrated into c. A-14, r. 4, s. 102).

2021, c. 32, s. 24.

TRANSITIONAL AND FINAL PROVISIONS

2021, c. 32.

25. The Minister of Justice must, by regulation, implement a pilot project in at least five judicial districts to establish a specialized court in order to reserve a special procedure for proceedings involving sexual violence or domestic violence as soon as a person who is a victim contacts a police department.

Within the context of the pilot project, which must be evaluated on an ongoing basis,

(1)  the Minister may, by regulation, establish a division within the Criminal and Penal Division of the Court of Québec called “Division Specialized in Sexual Violence and Domestic Violence” that hears all proceedings involving sexual violence or domestic violence;

(2)  the regulation under subparagraph 1 may, however, determine which types of proceedings are heard before the Specialized Division, which may vary on the basis of any distinction considered useful, in particular on the basis of judicial districts;

(3)  the Minister may, by order and after consulting the Court of Québec and the other partners from the judicial system that the Minister considers appropriate, determine the judicial districts in which the Specialized Division may sit; such determination takes into account territorial and populational representativeness, physical facilities and the volume of proceedings;

(4)  the Director of Criminal and Penal Prosecutions must determine, in light of the facts and circumstances of a case, whether the alleged criminal offence involves sexual violence or domestic violence and, if such is the case and subject to the regulation made under subparagraphs 1 and 2, refer the case to the Specialized Division;

(5)  the Minister offers persons who are victims services that are integrated and adapted to their needs, which must include support measures, physical premises laid out in a safe and reassuring manner and coordination of the files, regardless of which division of the Court of Québec or Superior Court is to hear any proceeding;

(6)  the Minister favours the handling of a proceeding by the same prosecutor at every stage;

(7)  the Minister is responsible for ensuring that the government departments and bodies concerned offer basic and specialized continuing education on the realities relating to sexual violence and domestic violence to persons who may intervene within the specialized court, in particular to defense attorneys, prosecutors, clerks, investigators, police officers, court personnel, interpreters and psychosocial workers; in order to offer such continuing education, the government departments and bodies consult the persons and bodies they consider appropriate on the basis of their experience, expertise, sensitivity or interest regarding those matters; and

(8)  the Minister must prepare the establishment of the permanent specialized court referred to in section 83.0.1 of the Courts of Justice Act (chapter T-16) and undertakes to establish it everywhere in Québec within two years after the end of the pilot project, unless exceptional circumstances warrant otherwise.

Every pilot project implemented under this section ends at the latest on 30 November 2024.

For the purposes of the evaluation required under the second paragraph, the Minister constitutes an advisory panel and appoints its members.

2021, c. 32, s. 25.

26. The Minister reports on the implementation of this Act not later than five years after its coming into force.

The report gives an account of whether the objectives provided for in section 1 have been attained.

The report is tabled in the National Assembly within 15 days or, if the Assembly is not in session, within 15 days of resumption.

2021, c. 32, s. 26.

27. The second paragraph of section 93 and the second paragraph of section 165.1 of the Courts of Justice Act (chapter T-16), enacted by sections 6 and 8, respectively, do not apply to judges of the Court of Québec or to presiding justices of the peace who retired before 30 May 2022.

2021, c. 32, s. 27.

28. (Omitted).

2021, c. 32, s. 28.