Justice Specialization: Establishing a Court for Sexual and Domestic Violence

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On November 18, 2024, the Minister of Justice of Québec issued Order 5309, which formally established a specialized court dedicated to addressing cases of sexual violence and domestic violence. This initiative follows the framework laid out in the 2021 Act to create a court specialized in sexual violence and domestic violence (2021, chapter 32). According to subparagraph 2 of section 83.0.1 of the Courts of Justice Act, introduced by the aforementioned legislation, the Minister of Justice has the authority to determine, by order and after consulting relevant judicial and community partners, the judicial districts where the specialized court and its Division Specialized in Sexual Violence and Domestic Violence would be gradually introduced.

The creation of this court aims to improve the legal system’s capacity to effectively handle cases involving sexual violence and domestic abuse, providing a focused approach that is sensitive to the specific needs of survivors and their families. The process of establishing this specialized court was carried out with consultation from a wide array of stakeholders, including legal and advocacy organizations, community support groups, and government agencies. Notably, the consultation process engaged partners such as Réseau des Centres d’aide aux victimes d’actes criminels (CAVAC), Regroupement québécois des centres d’aide et de lutte contre les agressions à caractère sexuel (RQCALACS), Barreau du Québec, and various other associations representing victims, defense lawyers, Indigenous groups, and service providers for survivors and perpetrators of violence.

The order specifies that, effective November 30, 2024, the specialized court would begin its operations in several judicial districts across Québec. The initial phase of the court’s rollout will include Alma, Beauce, Beauharnois, Bedford, Bonaventure, Chicoutimi, Drummond, Gaspé, Kamouraska, Laval, Mégantic, Mingan, Montmagny, Québec, Richelieu, Rimouski, Saint-François, Saint-Hyacinthe, Saint-Maurice, and Trois-Rivières. This gradual establishment allows the system to monitor and adapt the functioning of the court based on real-world outcomes and needs.

The newly established Division Specialized in Sexual Violence and Domestic Violence is designed to provide targeted and informed judicial responses to complex cases that can have profound and lasting impacts on victims and communities. By concentrating expertise in these areas, the court aims to streamline processes, improve the efficiency of proceedings, and ensure that cases are handled with sensitivity and specialized knowledge. The approach seeks to balance the need for swift justice with the importance of compassion and understanding for survivors, while also ensuring that accused individuals receive a fair trial within a system equipped to handle these particular cases.

This initiative aims to make a significant step forward for Québec’s legal framework, to make the judicial system more accessible and responsive to the needs of those experiencing violence and the broader community.

Quebec (MO 5309) November 27, 2024