In September 2021, Andréanne Ouellet, a 32-year-old mother of five young children, was killed by her ex-partner. Her death drew attention to what some have called “the parallel epidemic” of domestic violence in Quebec. While intimate partner violence was a problem before the COVID-19 pandemic, a recent study by the University of Sherbrooke suggests that pandemic-related confinement measures have contributed to a rise in domestic violence. This grim context intensified the need to respond to sexual and domestic violence, a need which was identified in the wake of the #MeToo movement and reaffirmed in a report on sexual violence by the National Assembly expert commitee on sexual violence. The report, entitled “Rebatir La Confiance”, highlighted how, in 2014, 1.5% of people in Quebec were victims of sexual violence and that victims were most likely to not report their accuser to the police because “the crime was not important or worth reporting”. This report was significant because it laid out 190 recommendations that the National Assembly could—and should—adopt to better support victims of sexual and domestic violence. The tangible measures laid out in the report, the pressure of the #MeToo movement, and the increase in domestic violence brought on by the COVID-19 pandemic have together prompted the Quebec government to propose legislation to create a specialized court division for cases related to sexual violence and domestic violence.
Adopted in November 2021, Bill 92 established Canada’s first court division that exclusively hears sexual and domestic violence cases. In the first part this two-part blog series, I argue that this novel court has the potential to increase access to justice for victims of sexual and domestic violence, but I caution against seeing this court as the end-all-be-all for addressing sexual and domestic violence. Only time will tell whether these courts will have a meaningful impact on the communities in which they operate. In the second part of this two-part blog series, I argue that regardless of the effects of this new court division, the Quebec governement should implement a wider set of amendments to the Quebec legal system to ensure that the legal system meets the needs of victims of sexual and domestic violence.
The Specialized Division
Quebec’s new court division specialized in sexual violence and domestic violence (« le tribunal spécialisé en matière de violence sexuelle et de violence domestice ») will exist under the jurisdiction of the Court of Quebec but will be seperate from the criminal division of the court, which previously heard these types of cases. The government of Quebec is set to establish these courts throughout the province by November 30, 2024. The plan is to begin with pilot project courts and make them permanent over time. The pilot project courts will be assessed on an ongoing basis by a ministerial advisory panel to assess a court’s readiness for permanent status. However, despite the results of assessment, the legislation states that all pilot courts must be made permanent by the November 2024 deadline. The first five pilot project courts, announced this past January, will be located in the districts of Beauharnois, Bedford, Saint-Maurice, Drummond in Centre-du-Quebec region, and Quebec City.
This new court division aims to address some of the barriers that prevent victims from reporting abuse and provide a more holistic approach in access to justice. For example, scholars have noted that having to retell their experience of secular assault can compromise a victim’s psychological safety and may contribute to their re-victimization. To limit the detrimimental impacts of a sexual assualt trial, the new Quebec courts will favor an approach where a case will be handled by the same prosecutor at every stage. This reduces the amount of people to whom a victim must recount their story and will help create a sense of continuity for the victim.
Additionally, the Court of Quebec has stated that the creation of this division promotes three key outcomes. First, since cases will be heard in one single place, the new courts will facilitate communication between professionals involved in these types of cases such as social workers, prosecutors, and investigators. This facilitated communication will reduce the time it takes to conclude a case. It will also provide the complainant with better access to information pertaining to their case as they will only need to go to one place for updates on their case. Second, the judges presiding over these specialized courts will focus exclusively on cases of sexual and/or domestic violence. This means they will have fewer files, have more time to deal with each case, and can improve their case management. Third, regional liaison committees will be created, which will allow representatives from various stakeholder groups (such as emergency housing service providers, social workers, prosecutors, and others) to exchange information regarding the legal, financial, and psychological services being made available to complainants. These liaison committees are different from the facilitated communication noted in the first outcome because they are meant to discuss general issues affecting the community and are not meant to discuss individual cases.
Overall, these changes will, in theory, lead to increased access to justice for victims of seuxal assault and domestic violence in Quebec. As these new courts will usher in better trial procedures, trials will be shorter and victims will have access to better support mechanisms throughout the process. Additionally, the creation of courts specifically designed to hear sexual assault cases promote the idea that sexual assault and domestic violence cases are unique and should be treated differently from other criminal cases. This also signals to victims that a culture shift is underway and that their experiences of sexual or domestic violence will be taken seriously. For all these reasons, victims may find the trial process more appealing and may be more likely to file a complaint against their abuser. As more victims become empowered to come forward, more abusers will be held accountable for their actions, which will help the government meaningfully address sexual and domestic violence in Quebec.
Public Response
While Bill 92 had near unanimous support in the National Assembly of Quebec, members of the Court of Quebec were not as pleased. For example, the Honorable Lucie Rondeau, Chief Justice of the Quebec Court, criticized the government for putting forth this bill without consulting the magistrature or the Court of Quebec. Others worried that because the judiciary had already launched a similar initiative, the “division of sexual and domestic accusations” (Division ACCES), having two courts would create confusion for victims seeking access to justice. In response to these critiques, the Court of Quebec has clarified that any courts that are a part of Division ACCES will be folded into the new specialized division.
Unlike the judiciary, private citizens and NGOs have welcomed the creation of this new division. For example, the director of Au Toit de l’Amitié, a women’s shelter in La Tuque, welcomed the announcement and expects the development of the courts to be a good experience for those involved. Crown prosecutors and defense lawyers have also welcomed the development of these courts. Éric Thériault, a Crown Prosecutor, stated that these courts present an opportunity to make the trial experience more welcoming for victims. Marie-Emmanuelle Gennesse, a well-known feminist content creator, has stated that the creation of the specialized court division is “a step in the right direction” – but she warns that it is far from a perfect solution.
Conclusion
While the development of this new court division has been and should be welcomed, it is important to recognize that the division is still in its infancy. Only time will tell whether these courts will have a meaningful impact for the communities in which they operate. More information will be needed before we can call these courts a success. Empirical data about the effectiveness of these courts in increasing access to justice for victims, the impact on victims and accusers, and the cost and delay of trials must be made publicly available. Not only will this information help hold the Quebec government and the judiciary accountable, but it will also help inform other jurisdictions how to develop and implement similar divisions that are as effective or more effective. Lastly, it is critically important to maintain a survivor-centered focus, keeping victims and their stories at the center of it all. For example, we must ensure that victims whose cases are currently being reviewed do not fall through the cracks of the administrative shuffle happening as this new specialized division is being established.
Overall, this novel court has the potential to increase access to justice for victims of sexual and domestic violence because it will decrease trial lengths, decrease the potential for re-victimization, and increase access to support mechanisms. This new specialized division should also make it easier to hold perpetrators accountable, thereby encouraging victims of sexual and domestic violence to report. Ideally, the division could help advance a cultural shift in Quebec society that promotes safe, healthy, and consensual relationships while also improving public safety. Despite these important goals, it is important to remember that these courts are still in their infancy and only time will reveal the impact that they have on victims, accusers, and society more broadly.
