Tashi Farmilo
LJI Reporter
As Quebec prepares to adopt Bill 91, which would create a Unified Family Court (Tribunal unifié
de la famille, or TUF), women’s advocacy organizations are warning that the reform may do
more harm than good for survivors of domestic violence.
The Fédération des maisons d’hébergement pour femmes (FMHF), a provincial federation
representing women’s shelters, has voiced serious concerns about the bill’s scope and its
implications for the civil legal protections of women and children facing violence. In a formal
brief submitted to the Commission des institutions, the FMHF warns that the proposed reform
contains significant blind spots and risks making an already complex legal system more
dangerous for those it aims to protect.
One of the key criticisms is the narrow application of the bill. Bill 91 only applies to civil and
parental unions, explicitly excluding married couples and common-law partners with children
born before June 30, 2025. This exclusion, the FMHF argues, leaves out most families in
Quebec and fails to reflect the diversity and complexity of modern family structures.
Particularly contentious is the requirement for mediation in custody and family law matters, even
in cases involving domestic violence. Although the bill allows for exemptions, it requires victims
to submit a sworn statement to qualify—an added burden that, according to the FMHF, may
deter some women from seeking help and could further endanger others by reinforcing the
power dynamics of abuse.
L’Autre Chez-Soi, a longstanding shelter in Aylmer serving women and children affected by
domestic violence, supports the FMHF’s position. The organization emphasized the need for
survivor-centred, trauma-informed approaches. In addition to emergency housing, the shelter
offers 24/7 crisis intervention, one-on-one and group support, child-specific services, legal and
housing accompaniment, and a broad range of educational and outreach programs in local
schools and workplaces.
Staff at L’Autre Chez-Soi referred questions about Bill 91’s impact to the FMHF’s official
submission, noting that the federation’s analysis accurately reflects their concerns. These
include the lack of specialized intake services in the proposed court system, the absence of
mandatory training for judges and mediators, and insufficient investment in legal aid and
personalized support services.
Unlike family court models adopted in other provinces, Quebec’s TUF would fall under the
jurisdiction of the Quebec Court rather than the Superior Court. This distinction has prompted
concerns about whether judges will be adequately equipped to handle complex cases involving
coercive control and chronic abuse without targeted training and institutional support.
In response, the FMHF has made several recommendations: postponing the law’s
implementation to allow for proper professional training, removing the requirement for sworn
declarations from survivors, formally defining terms like domestic violence and coercive control
in the legislation, and ensuring that specialized support services are built into the court system.
Photo: Quebec’s proposed Unified Family Court reform, Bill 91, is drawing strong criticism from
women’s shelters who warn it could endanger survivors of domestic violence by excluding key
family types, imposing unsafe mediation requirements, and lacking critical support services.
(TF) Photo: courtesy of L’Autre Chez-Soi

Published
April 17, 2025
