Justice for all? Quebec's bar association says the system is falling short

Tashi Farmilo

The head of the Quebec Bar Association was in Gatineau on April 20 to hear from residents and legal professionals about barriers to justice in the Outaouais, saying the region does not have enough private lawyers and that middle-class residents are being delayed and priced out of the legal system.

Marcel-Olivier Nadeau, Quebec Bar Association President, spoke with the West Quebec Post during a stop in Gatineau as part of a province-wide forum tour. He and the Bar Association Executive Director Catherine Ouimet are travelling to 11 locations across Quebec through April and May, meeting with lawyers, judges, members of the public, and various organizations to gather first-hand accounts of how residents experience the justice system.

The tour began April 1 in Trois-Rivières and wraps up May 25 in Saguenay, with stops in cities including Saint-Jérôme, Longueuil, Montreal, Quebec City, and Abitibi-Témiscamingue along the way. Each forum follows the same format: in the morning, a panel of residents share their personal experiences with the justice system, and in the afternoon, legal professionals discuss what they heard and identify potential solutions. A report will be produced for each region visited, as well as a broader report summarizing the most important findings from the entire tour.

Nadeau said the gaps in the Outaouais largely mirror problems seen elsewhere in the province, but the region has a dynamic that sets it apart. Because the federal government is a major employer in Gatineau, it draws lawyers away from private practice. "The federal government is a large employer and that puts private practice in a difficult position," he said. "It means there is a shortage of lawyers in private practice to handle cases, including legal aid mandates. This is true in Gatineau, but it is equally true in Maniwaki. The Outaouais is one of our priority regions when it comes to attracting and retaining lawyers across different areas of practice."

When asked about access to justice for the region's anglophone population, Nadeau said he was uncertain whether there were enough lawyers able to represent clients in English, adding that when people need court services in English, they generally receive them without undue delay. "Normally, if people need services in English, they will get them in a reasonable time," he said.

On the broader question of barriers to justice, Nadeau was direct. Legal aid serves those with the lowest incomes reasonably well, he said, and those with significant means can afford lawyers. It is the middle class that falls through the cracks. "For people whose income puts them just above the legal aid threshold, costs can become an enormous obstacle," he said. "And getting into the justice system and staying there for two, three, four or five years is extremely difficult. That is the reality we need to address."

He also raised a less visible problem within the legal aid system itself. Even residents who qualify for legal aid sometimes cannot find a lawyer willing to take their case. "The fees paid to lawyers for legal aid mandates are very low," he said. "There is no incentive for lawyers to take these cases, and as a result fewer and fewer are doing so in family law, youth protection, and criminal matters. In some regions it can be very difficult to find a lawyer even if you qualify. That is a very serious access problem, and it is one we need to fix."

The Bar Association has committed to presenting bold proposals to the Ministry of Justice before the end of the year, focused on simplifying civil and family law procedures to reduce both cost and delay. "If we reduce delays, if we simplify procedures, if there is early case management so that trial dates are set in stone from the beginning, we bring much more predictability to the system," he said. "We have committed to presenting bold solutions to the Ministry of Justice by the end of the year so that middle-class Quebecers can once again have real access to civil justice." He also noted that, starting this year, the Bar Association's legal studies fund will contribute to legal aid financing alongside the Chamber of Notaries.

The visit comes just days after a significant announcement for the region. On April 8, the Bar Association, the Chamber of Notaries and Justice Minister Simon Jolin-Barrette jointly announced the expansion of the Lawyers in courthouses project into the Outaouais, funded through a broader $80-million Citizens' Justice agreement. The initiative deploys lawyers from Info Justice centres directly inside courthouses to offer free, personalized assistance to residents, with a focus on family law and youth protection cases.

Nadeau closed the interview with a message for readers. "I want your readers to be fully confident that we will follow through on what we hear from all 11 stops on this forum tour," he said. "We will do what we can within our means to make sure people feel more heard."