The Minister of Justice and Attorney General of Quebec, Mr. Simon Jolin-Barrette, presents Bill No. 78 to the National Assembly, Act following up on the agreement between the Minister of Justice and the Barreau du Québec for the improvement of legal aid rates.
Remember that last June, an agreement was reached between the Minister of Justice and the Quebec Bar, as part of the work of the Independent Committee on Legal Aid Rates (CITAJ). This agreement provides for the implementation of 79 recommendations from the final report of the Independent Working Group on the Reform of the Legal Aid Fee Structure, which are in addition to the 18 recommendations, deemed priorities, already implemented.
The bill responds to the recommendations of the agreement which require legislative and regulatory changes.
Main measures of the bill
- Improved access to legal aid in criminal and penal matters
Citizens will now be able to have easier access to legal aid when they wish to appeal a judgment in criminal and penal matters or when they are prosecuted for summary, therefore less serious, offenses. In both cases, the eligibility criteria have been broadened.
- Greater flexibility in processing files
It will now be possible for a lawyer who has taken out a legal aid mandate to be represented by any other lawyer, whether the latter comes from the same firm or not, to fulfill part of the mandate in order to move the file forward more quickly and more effectively.
- Review of the negotiation process
At the request of the Barreau du Québec and in accordance with the report of the independent working group on the reform of the tariff structure of legal aid, the process of negotiating tariff agreements will be modernized. The Quebec Bar will thus be replaced by a new entity representing lawyers as part of the negotiations.
About legal aid
Legal aid is a public legal service offered free of charge or with a contribution to financially eligible people who request it. Around 200,000 applications for legal aid are accepted each year.
Citations
“Quebecers, regardless of their income, must be able to have their rights respected and have access to justice services that meet their needs. Legal aid is a pillar of our justice system and this bill contributes to our efforts to make it more efficient, more accessible and, above all, more humane. »
Simon Jolin-Barrette, Minister of Justice and Attorney General of Quebec
“Legal aid is an important tool for access to justice for many Quebecers, among the most vulnerable. It is essential that it continues to be adequately funded so that citizens can continue to use it when they need it. The bill tabled today results from an agreement in principle between the Department of Justice and the negotiating committee (CITAJ) and participates in the path towards the implementation of the recommendations of the independent working group on the reform of the pricing structure of legal aid. The Bar welcomes this additional step and will continue to monitor the progress of the work leading to a permanent agreement that will meet the needs of all. This will help support the sustainability of the legal aid system. »
Me Catherine Claveau, President of Quebec
Related link
To read the bill: www.assnat.qc.ca.
