Quebec small claims court wait times expected to be cut in half with new legislation

Quebec Government house leader and Justice Minister Simon Jolin-Barrette walks to question period, Tuesday, Jan. 31, 2023, at the legislature in Quebec City. The Quebec government has tabled a bill this week to protect the rights of mothers and their children born of sexual assault. THE CANADIAN PRESS/Jacques Boissinot

The national assembly has passed Bill 8, which tackles delays in small claims.

"We're doing something useful," said Quebec Justice Minister Simon Jolin-Barrette on Wednesday in his closing remarks before the bill, which was introduced on Feb. 1, passed.

The minister plans to cut the wait for small claims by more than half. Currently, the average wait for a hearing is 22 months - in some districts, it's over three years.

The Small Claims Division of the Court of Quebec hears cases where the amount in dispute is $15,000 or less. It opens nearly 20,000 files each year.

Citizens represent themselves there, for all sorts of issues, from neighbourhood disturbances to the reimbursement of defective goods.

Bill 8 (An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Quebec) makes free mediation mandatory and arbitration automatic for cases under $5,000.

The minister believes that this will allow citizens to be more involved, and to have their disputes resolved more quickly, within three to nine months.

A pilot project has shown that the settlement rate with mediation is 60 per cent, he said, when he tabled his bill last month.

However, parliamentarians saw fit to amend the legislation to exempt cases involving sexual or spousal violence from the requirement to go to mediation and arbitration.

"The majority of cases will no longer end up in court," said Jolin-Barrette, who also sees this as a way to free up judges to hear other cases.

He said that the number of accredited mediators in Quebec (500) is sufficient to handle the requests.

In addition, the law aims to simplify civil procedure in the Court of Quebec. It prohibits examinations for discovery for cases under $50,000, and expert opinions will be limited.

Another new feature is that the law will allow notaries who have practised for at least ten years to be appointed as judges of the Court of Quebec to diversify the judiciary.

It also includes a clause to modify the composition of the Conseil de la magistrature, to add a member appointed after consultation with organizations working with victims of crime.

In introducing his bill, Jolin-Barrette said he wanted to give victims a voice.

On Wednesday, Quebec Solidaire's justice critic Christine Labrie emphasized the "very uncontroversial" nature of the law.

"It brings a change in culture by focusing on mediation. I think it's for the best. We very much hope that it will reduce delays in the justice system," she said.

Liberal MNA André Albert Morin called on the government to invest the money needed to improve the system and measure progress with a scorecard.

This report by the Canadian Press was first published in French on March 25, 2023.