The Court of
Québec was created by Chapter 21 of the Statutes of Québec
of 1988
, the provisions of which came into force
on August 31 of that year. As of then the legislator unified the
Provincial Court, the Court of Sessions of the Peace, the Youth
Court and the Expropriation Tribunal.
The Court of Québec owes
its origins to the Québec Act of 1774, which re-established
French law in civil matters and confirmed English law in criminal
matters. Back then, there were a Court of Common Pleas, circuit
courts, a Court of Appeal and the Court of King's Bench for criminal
cases.
Over the years, numerous changes
occurred in the structure of Québec courts to keep up with
changing social realities. The Magistrate's Court, created in 1869,
became the Provincial Court in 1962. The Court of Sessions of the
Peace was formed in 1908. The first court for children in Québec
was instituted in 1910. It became the Juvenile Court in 1932 and
the Social Welfare Court in 1950, and was replaced by the Youth
Court in 1977.
The creation of the Court of Québec
in 1988 was a major event with regard to the organization of Québec's
court system. The Court of Québec immediately became one
of the largest judicial institutions in the province, with 270 judges
and 80% of the volume of cases heard in first instance in Québec
courthouses. The creation of the Court did not, however, substantially
modify the pre-unification jurisdictions of the Provincial Court,
the Court of Sessions of the Peace, the Youth Court or the Expropriation
Tribunal, bodies that became, respectively, the Civil Division,
the Criminal and Penal Division, the Youth Division and the Expropriation
Division of the Court of Québec.
At that time, the Court consisted
of two regional sections « the Montréal Regional Section » and
the « Québec Regional Section » each of which had a Civil Division,
a Criminal and Penal Division and a Youth Division. The Court also
had an Expropriation Division. The direction of the Court was assumed
by a chief judge, assisted, in each regional section, by a senior
associate chief judge, assisted, in turn, by associate chief judges
(three in Québec City and four in Montréal). The remainder
of the judicial team consisted of 19 coordinating judges residing
in the chief localities of Québec's principal judicial districts.
In 1994, in light of the experience
acquired and following consultation with the judges, the chief judge
requested that the structure of the court be simplified with the
following objectives in mind:
-
to pursue the unification process begun;
-
to reduce the differences between the regional
sections with regard to both judicial and administrative practices;
-
to foster a feeling of belonging;
-
to foster participation by judges in the development
of Court policies;
-
to foster the consultation of all judges on
judicial and administrative practices and to encourage their
involvement and participation in a variety of Court activities;
-
to consolidate regional self-sufficiency.
The legislator followed through
on this collective effort in Chapter 42 of the Statutes of Québec
of 1995. The regional divisions were eliminated and the functions
of senior associate chief judge and of 3 associate chief judges
were redefined. In order to coordinate Court activities throughout
Québec, 10 coordinating judges were appointed and made responsible
for one or more judicial districts. In judicial districts where
the volume of work warranted it, the coordinating judge was provided
with the assistance of one or more associate coordinating judges
who, with their colleagues, saw to the orderly conduct of the business
of the Court.
In 1998, the Expropriation Division
was eliminated following the creation of the Administrative Tribunal
of Québec and in 2002, a new appointment as associate chief
judge, responsible for the Municipal Courts, has been added to the
Court of Quebec.