Procédure Civile Québécoise – Quand Un Protocole En Chasse Un Autre

Abstract

On 15 March 2023, the Quebec legislature passed an Act to improve the efficiency and accessibility of justice, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec. The changes made by the Act fall into three broad categories: some are new, such as the appointment of notaries to the bench, which until then had been reserved for members of the Bar; the Act also affects the Conseil de la magistrature, both in terms of its composition and its transparency; and lastly, the Act amends the Code of Civil Procedure through measures expressly mentioned in the title. What is missing from the title, however, is an objective that has recurred in the various metamorphoses of Quebec civil procedure over the years: speed. Perhaps the latter is subsumed under “simplicity”. To achieve its goals – simplicity and speed – the legislature has completely overhauled the procedure applicable to claims brought before the Court of Québec. It has not hesitated to do away with an instrument introduced some 20 years ago, known today as the “protocole de l’instance”, and has given greater importance to an unidentified procedural object, the “protocole préjudiciaire”.