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8 M A R C H 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m R E G I O N A L W R A P Q U E B E C PROVINCE CONSIDERS SEXUAL ASSAULT COURTS N ew Quebec Justice Minister Sonia LeBel is no stranger to the criminal justice system. That's why she is non- plused by all the hoopla and handwringing over an idea now being formally discussed to create a new division in the Court of Quebec to handle cases of sexual assault and domestic violence. It would be the first court of its kind in Canada. "Specialized courts are not a new notion or concept," says LeBel, a veteran criminal and prosecuting lawyer who earned fame as the feisty chief prosecutor of the Charbon- neau Commission in televised hearings on collusion in the Quebec construction industry. "What is important to understand is that sexual crimes have a different psy- chological element in that victims are judged by their actions or inactions," says LeBel, who was elected with the majority Coalition Avenir Québec government in Octo- ber. "This requires education and certain types of under- standing to judge criteria dif- ferently in that context." The idea for a new court has been gathering steam since November, when Quebec Premier François Legault said he was open to a proposal by Parti Québécois MNA Véronique Hivon for a non-partisan revamping of how sexual accusations are handled in the aftermath of the #MeToo movement. The main tenet of Hivon's proposal is the creation of a new division in the Court of Quebec — like the penal, civil and youth divisions — with judges, lawyers and legal experts trained on the effects of trauma on victims of sexu- al assault. "A specialized court could help to reduce delays and provide better support for victims," says Hivon, a trained lawyer and social policy expert who notably championed the right-to-die legislation passed by Quebec in 2014 — the first Canadian province to do so. Hivon is also calling for a streamlining of legal and social services for victims of sexual assault. "Many of these resources already exist but they are compartmentalized," she says. "Victims have to go and knock on different doors to get the help they need. They feel abandoned." In January, LeBel met with Hivon and MNAs from Quebec's two other political parties in a working group to explore ways of making the province's justice system more sensitive and responsive to victims of sexual abuse and domestic violence. More meetings are planned with various legal and social stakeholders, including women's groups, judges, lawyers and police. Many of the publicly proposed actions were rec- ommended a year ago by a working group set up by the Barreau du Québec. The group was set up to examine how sexual assault cases were handled in Canada following several high-profile cases, including Jian Ghome- shi in Toronto and Gilbert Rozon in Montreal. The group's recommenda- tions included the creation of specialized sexual assault units for police and training for defence lawyers on best practices for cross-examining vulnerable people. "Action must be taken immediately to ensure fairer treatment for victims of sexual violence," Barreau president Paul-Matthieu Grondin said then. "As a society, we must act." Proponents for the leg- islative enactment of a new specialized court for sexual assaults in Quebec point to a recent report by UN Women that lauds the performance of such tribunals in South Africa, where sexual assaults are rampant. Closer to home, a decade- old domestic violence court in Moncton, N.B. has dedicated judges, Crown attorneys and police officers who handle cases during 1.5 days of ses- sions a week. "It has certainly made for a very educated community in regards to cases of sexual assault and domestic abuse," says Joanne Boucher, a social worker and the court's co- ordinator since its inception in 2006. According to Boucher, who did a presentation on the court at an interprovincial forum on judicial treatment of domestic violence in Montreal in 2015, the court's strength is a collaborative approach that connects victims, social services, lawyers, probation officers and child protection. For McGill University law professor Marie Manikis, an important aspect of the proposed specialized court in Quebec is that is would serve as a "one-stop shop" where complainants could receive comprehensive information on the criminal justice process and the services available to them. "In this respect, the pri- mary aim of this new court is not necessarily to obtain convictions but to empower complainants through the pro- vision of information that can enable them to choose from the range of avenues the ones that best address their com- plex circumstances," she says. She adds that another notion being considered for sexual assault cases in Que- bec — the establishment of a prosecutorial review process — is an initiative that exists in England and Wales. "The Victims' Right to Review Scheme, established in 2013 by the Crown Pros- ecution Service, enables any victim to seek review of a prosecutorial decision to bring charges or terminate proceedings," says Manikis. "Values of accountability and transparency underpin this process." "What is important to understand is that sexual crimes have a different psychological element in that victims are judged by their actions or inactions." Sonia LeBel, minister of Justice of Québec

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