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T-16 - Courts of Justice Act

Section 80
Disposition versions

Full text
80. The Court of Québec shall consist of three divisions, namely the Civil Division, the Criminal and Penal Division and the Youth Division.
Not in force
The Criminal and Penal Division shall include a division called “Division Specialized in Sexual Violence and Domestic Violence”.
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3; 1988, c. 21, s. 30; 1995, c. 42, s. 6; 1997, c. 43, s. 815; 2021, c. 32, s. 3.
80. The Court of Québec shall consist of three divisions, namely the Civil Division, the Criminal and Penal Division and the Youth Division.
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3; 1988, c. 21, s. 30; 1995, c. 42, s. 6; 1997, c. 43, s. 815.
80. The Court of Québec shall consist of three divisions, namely the Civil Division, the Criminal and Penal Division and the Youth Division.
The Court shall also consist of an Expropriation Division, established under the Expropriation Act (chapter E-24).
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3; 1988, c. 21, s. 30; 1995, c. 42, s. 6.
80. The Court of Québec shall consist of two regional sections, the Montréal Regional Section and the Québec Regional Section, corresponding to the appeal divisions for Montréal and Québec.
Each regional section shall consist of three divisions, namely the Civil Division, the Criminal and Penal Division and the Youth Division.
The Court shall also consist of an Expropriation Division, established under the Expropriation Act (chapter E-24).
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3; 1988, c. 21, s. 30.
80. The Government shall appoint, during good behaviour, by a commission under the Great Seal, the judges of the sessions, who must be advocates with at least ten years practice, and who, when appointed, shall cease practising; the Government may consider years of practice the years during which a person acquired pertinent legal experience after obtaining a diploma of admission to the Bar or a certificate of competence to practise the profession of advocate. The said judges shall be also stipendiary magistrates, within the meaning of any act of the Imperial Parliament in force in Québec.
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3.
80. The Gouvernement shall appoint, during good behaviour, by a commission under the Great Seal, the judges of the sessions, who must be advocates with at least ten years practice, and who, when appointed, shall cease practising; the Gouvernement may consider years of practice the years during which a person acquired pertinent legal experience after obtaining a diploma of admission to the Bar or a certificate of competence to practise the profession of advocate. The said judges shall be also stipendiary magistrates, within the meaning of any act of the Imperial Parliament in force in Québec.
The Gouvernement may appoint a chief judge with residence in the city of Montréal and a chief judge with residence in the city of Québec.
The administrative jurisdiction of the chief judge residing in the city of Québec shall extend to the judicial districts enumerated in section 25 and that of the chief judge residing in the city of Montréal to those enumerated in section 24.
The chief judges of the sessions shall coordinate and apportion the work of the judges of the sessions.
The judges of the sessions shall be under the supervision of the chief judges and must comply with their orders and directives as regards the carrying out of their work.
The number of judges of the sessions shall not, at any time, exceed sixty-seven, including the two chief judges of the Sessions.
When the function of chief judge of the sessions becomes vacant in one of the divisions, the administrative jurisdiction of the chief judge of the sessions of the other division shall extend to the whole of Québec, until a chief judge has been appointed to fill the vacant function. During this period, the salary to the chief judge of the sessions whose jurisdiction is thus extended shall be increased in the proportion of one-third. However, the Gouvernement may appoint, from amongst the judges of the sessions, a judge to fill the vacant function temporarily, pending a permanent appointment.
When the chief judge of the sessions of an appeal division is temporarily unable, by reason of absence or illness, to exercise his administrative jurisdiction, the Gouvernement may authorize a judge of the sessions whom it designates to assume provisionally such jurisdiction. During such period of absence or illness, the judge so authorized shall exercise the functions of chief judge of the sessions in the appeal division for which he is designated and shall receive the same salary as that assigned by law to the chief judge of the sessions whom he replaces.
When there is more than one judge of the sessions residing in a judicial district other than that in which the chief judge resides, the Gouvernement may appoint one of them to act as senior judge.
Notwithstanding any inconsistent legislative provision, the senior judge shall have charge, in the district in which he resides, of the distribution of judicial work, especially the allotment of cases and the fixation of sittings of the court.
R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8.
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