T-16, r. 4.1 - 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

Section 15 Disposition versions

2023-07-20

15. Where a person is to be appointed to the office of judge of the Court of Québec or the office of presiding justice of the peace, the committee is composed of

(1)  the chief judge of the Court of Québec or a judge designated by the chief judge from among the judges of the Court of Québec or presiding justices of the peace, who will act as chair of the committee;

(2)  an advocate or a professor in a law faculty in Québec designated by the Bâtonnier du Québec;

(3)  a notary or a professor in a law faculty in Québec designated by the president of the Chambre des notaires du Québec;

(4)  a person who is neither a judge nor a member of the Barreau du Québec or the Chambre des notaires du Québec, designated by the chair of the Office des professions du Québec;

(5)  for the office of judge assigned to the Criminal and Penal Division, a person designated by the Minister and working in an organization assisting persons who are victims of criminal offences, after consulting such organizations; and

(6)  for the office of judge not assigned to the Criminal and Penal Division, an additional person designed under subparagraph 4.

Where a committee is established to fill a number of positions of judges, at least one of which is assigned to the Criminal and Penal Division, subparagraph 6 of the first paragraph does not apply.

The chief judge favours the designation of various judges to act as chair of a committee.

A judge may not act more than once a year as chair of a committee for the positions to be filled in a same coordinating region or the notices of which include a same place where a judge to be appointed may be called to sit. Any other person designated under the first paragraph to sit on a committee may be designated only once a year.

A retired judge authorized by the Government to exercise judicial functions under section 93 of the Courts of Justice Act (chapter T-16) may be designated by the chief judge under subparagraph 1 of the first paragraph to sit on a committee and act as chair.

O.C. 14-2012, s. 15; O.C. 1099-2023, s. 5.

2012-09-01

15. Where a person is to be appointed to the office of judge of the Court of Québec or the office of presiding justice of the peace, the committee is composed of

(1)  the chief judge of the Court of Québec or a judge designated by the chief judge from among the judges of the Court of Québec or presiding justices of the peace, who will act as chair of the committee;

(2)  two persons designated by the Barreau du Québec,

(a)  where one person is an advocate, and

(b)  one person works in law and the person’s professional activities do not include representation before the courts, promoting the presence of representatives of Québec universities where possible to do so;

(3)  two persons who are not judges or members of the Barreau du Québec or the Chambre des notaires du Québec, designated by the Office des professions du Québec.

O.C. 14-2012, s. 15.