Selection of Judges and Presiding Justices of the Peace

According to the applicable provisions (Courts of Justice Act, CQLR, c. T-16 and Regulation respecting the selection procedure of candidates for the office of judge of the Court of Québec, municipal court judge and presiding justice of the peace, CQLR, c. T-16, r. 4.1), only lawyers or notaries who have practised their profession for at least ten years may apply to fill a position of judge or presiding justice of the peace (Unless otherwise indicated by the context, the term “judge” is used in this document to refer both to judges and presiding justices of the peace of the Court of Québec) when a selection notice is published on the websites of the Ministère de la Justice, the Barreau du Québec and the Chambre des notaires du Québec.

Once a notice is posted, a rigorous selection process is implemented by a committee of five people, including the Chief Judge of the Court of Québec or a judge designated by the Chief Judge. One member is designated by the Bâtonnier du Québec: an advocate or a professor in a law faculty in Québec. The president of the Chambre des notaires du Québec designate a notary or a professor in a law faculty in Québec. One person who is not judge or member of the Barreau du Québec or the Chambre des notaires du Québec is designated by the chair of the Office des professions du Québec. For the office of judge assignated to the Criminal and Penal Division, the Minister of Justice designate a person working in an organization assisting persons who are victims of criminal offences, after consulting such organizations. For the office of judge not assignated to the Criminal and Penal Division, the chair of the Office des professions du Québec designate a second person who is not judge or member of the Barreau du Québec or the Chambre des notaires du Québec.

Various criteria are set out in the Act to assess a candidate’s application, including professional competencies, integrity, level-headedness, quality of expression, and level of awareness with respect to social realities.

After reviewing the applications and conducting interviews, the committee indicates, for each available position, the names of the three best candidates proposed to be appointed as judges.

The Minister of Justice refers to the selection committee’s report, which contains a personalized assessment of the proposed candidates, in order to choose from among those declared fit to be appointed and submit a recommendation to Cabinet.

See also the Secrétariat à la sélection des candidats à la fonction de juge’ section of the Ministry of Justice:

https://www.quebec.ca/gouvernement/ministere/justice/secretariat-selection-candidats-fonction-juge