Canadian Lawyer

8 M A R C H 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m A ccess to justice has been a much- maligned notion in Quebec of late. Chronic backlogs in both civil and penal court proceedings, together with the recent tossing out of several high-profile cases following the Supreme Court of Can- ada's Jordan ruling, have sparked political crisis and led to sweeping action plans aimed at restoring public confidence in the justice system. No wonder then that many jurists in la belle province are elated by the modest yet promising gains made in speeding up some types of litigation using new alternative dis- pute resolution measures contained in Que- bec's New Code of Civil Procedure. "It will take time for its provisions to become more widely adopted and developed because it requires a change of culture," Barreau du Québec bâtonnière Claudia Prémont says. "But from what I'm hearing, jurists are clearly happy with the changes. It's a welcome good news story about access to justice [and] support for the rule of law." Introduced on Jan. 1, 2016, the new code establishes the principles of civil justice (in harmony with Quebec's Civil Code and the Charter of Human Rights and Freedoms) and governs procedure in private dispute prevention and reso- lution processes, as well as the execution and enforcement of judgments. "This Code is designed to provide, in the public interest, means to prevent and resolve disputes and avoid litiga- tion through appropriate, efficient and fair-minded processes that encourage the persons involved to play an active role," reads the prelim- inary provision of the 833-article code. "It is also designed to ensure the accessibility, quality and promptness of civil justice, the fair, simple, proportionate and economical application of procedural rules, the exercise of the parties' rights in a spirit of co-operation and balance, and respect for those involved in the administration of justice." The code's most notable feature is to encourage the use of court-mandated, judge-run settlement conferences to help will- ing parties to settle and avoid the cost, time and anxiety of trial. Several articles — specifically 20, 148, 153, 170 and 231-233 — lay out new ground rules intended to specify, streamline and speed up procedures for settlement conferences, which have been used on a pilot-project basis across Quebec since 2003. Those rules range from the need for clerks to read and approve filings and a 45-day limit for determining case protocol to an obligation on parties to co-operate (even to share expert findings and costs) to limits on council defence submissions and increased powers to help judges, according to article 162 of the new code, "facilitate dialogue between the parties to help them better understand and assess their respective needs, interests and positions, and explore solutions that may lead to a mutually sat- isfactory agreement to resolve the dispute." According to the associate chief justice of the civil division of the Quebec Court, 506 settlement conferences were held across the province during the first eight months of 2016, resulting in an estimated savings of 960 days of court proce- dures. "It's marvelous," said Judge Pierre Audet, a longtime ADR proponent and a key collaborator in a 2014 university report on the settlement conference experience of citizens and law- yers that found an 83-per-cent rate in both user satisfaction and agreements reached. \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP New ADR rules prove A-OK in Quebec Québec bâtonnière Claudia Prémont says lawyers are happy with the civil justice reforms introduced to the province last year. C E N T R A L Check out in-house counsel's best networking tool! The 2016/17 Lexpert CCCA/ACCJE Directory & Yearbook online edition is a user-friendly, outstanding key resource for all in-house counsel. Along with immediate access to more than 4,100 listees at more than 1,500 organizations, you'll also find fresh editorial content, information on deals and links to important resources. Directory listees and CCCA members can also receive log-in credentials for access to detailed contact information to be able to connect with colleagues or research the in-house bar. ANYWHERE. ANYTIME. ANY DEVICE. CONNECT WITH IN-HOUSE COUNSEL COLLEAGUES AT LEXPERT.CA/CCCA ntitled-2 1 2017-02-09 2:42 PM

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