Published May 3, 2024

LJI Reporter
Tashi Farmilo

In a unanimous decision, the Quebec National Assembly has passed Bill 54, a groundbreaking
law designed to address the persistent issue of judicial delays in criminal and penal matters.
The legislation, championed by Justice Minister and Attorney General Simon Jolin-Barrette, is a
direct response to the action plan unveiled by the Justice-Quebec Table in February, which
called for urgent reforms to enhance the efficiency of the justice system.

Under the new law, significant changes are set to be implemented, including the expansion of
powers for justice of the peace magistrates, which will free up time for criminal and penal judges
to hear more trials. Additionally, the legislation allows for remote appearances and bail hearings
by these magistrates seven days a week, streamlining the process and reducing the need for in-
person court appearances.

A notable feature of the law is the simplification of evidence procedures and the modernization
of processes, aimed at saving court time and minimizing the inconvenience for witnesses. This
includes simplified rules for the admissibility of documents attached to offence reports and
extracts from public registers. The law also extends the time limit for serving a statement of
offence for photo radar and red light camera offences to 120 days, ensuring accountability for
violators.

Furthermore, the law introduces measures to improve the efficiency of asset forfeiture in cases
involving illegal activities, reducing the burden on the courts and preventing the unnecessary
legal proceedings for numerous cases. A new regime for administrative forfeiture allows for the
expedited seizure of movable property valued at up to $100,000 derived from or used in
unlawful activities. Presumptions have been added to aid in the forfeiture of property related to
cannabis cultivation, cash sums found near prohibited substances, and vehicles containing
restricted firearms or equipment used in trafficking.

In a statement, Minister Jolin-Barrette emphasized the centrality of victims in the justice system
and the necessity for efficiency and performance to ensure their stories are heard and
judgements are rendered promptly. “Unfortunately, in recent months, the justice system has not
always succeeded in this due to excessively long judicial delays. This situation is intolerable. We
have brought together all stakeholders in the justice community to find concrete solutions to this
issue. This law will allow for better use of court time and resources, resulting in faster case
processing. We no longer want cases to be abandoned due to delays,” he said.

The law also includes provisions for the addition of seven new judge positions at the Superior
Court, primarily aimed at improving access to justice in rural areas where most of the new ​
positions will be located. This measure is expected to further contribute to the reduction of
judicial delays and enhance the overall performance of the justice system in Quebec.

Additionally, the law empowers the Minister of Justice to determine the judicial districts in which
mediation is mandatory and arbitration is offered in small claims matters, promoting alternative
dispute resolution methods to alleviate the courts’ workload.

Photo: The Quebec National Assembly has passed Bill 54, a law aimed at tackling the ongoing
issue of judicial delays in criminal and penal matters, which was spearheaded by Justice
Minister and Attorney General Simon Jolin-Barrette. (TF) Photo screenshot of Justice Minister
and Attorney General Simon Jolin-Barrette at a press conference on YouTube

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