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

Section 25 Disposition versions

2021-11-30

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.