03 Oct 2024
Juripop’s recommendations become law: historic advancements for victims of sexual and domestic violence
Juripop is pleased to announce today’s declaration by Quebec’s Minister of Justice, Mr. Simon Jolin-Barrette, regarding the introduction of a significant bill for victims and survivors of sexual, domestic, and post-separation violence. This bill includes several innovative measures to improve civil justice access for victims, inspired by multiple recommendations made by Juripop through its Innovative Practices Lab, created in partnership with the Quebec Ministry of Justice in 2021.
“This bill marks an important turning point for victims of sexual and domestic violence in civil matters, and it is a source of pride to see that many of the recommendations we submitted to the minister are now on the verge of becoming law. This represents an important recognition of victims’ realities and a significant advancement for justice in Quebec,” emphasizes Mtre Sophie Gagnon, Executive Director of Juripop.
Advancements stemming from Juripop's recommendations
Among the key measures in the bill are several proposals put forward by Juripop to better support victims and survivors throughout their judicial journey, including:
- Remote testimony: Victims will be able to testify without being in the presence of the opposing party, a measure that will only be denied by the court if it compromises the assessment of the victim’s credibility. This recommendation, proposed by Juripop, aims to ensure the physical and psychological safety of victims during hearings.
- Confidentiality of address: Victims’ addresses will no longer appear in documents accessible to the opposing party, a significant advancement that will ensure better protection and increased safety during judicial proceedings.
- Support during hearings: Victims will now have the option to be accompanied by a trusted person or an emotional support dog during their testimony, a measure that can currently be contested by the opposing party, leading to costs, delays, and re-victimization.
- Civil protection orders: The bill promises to simplify the obtaining and enforcement of civil protection orders. The criteria for issuing orders are simplified, and their enforcement will be facilitated: the police will intervene in cases of non-compliance, relieving victims of the burden of initiating contempt of court proceedings. These changes will make these orders more effective and accessible and respond to another of our key recommendations.
These modifications signify the continuation of a cultural shift within the civil justice system, where the needs of victims are better considered and barriers to justice are reduced, all while respecting fundamental principles of procedural fairness, impartiality, and the independence of the courts. These adjustments aim to ensure a balance between the safety of victims and the rights of all parties, thus strengthening trust in the judicial system.
Towards more inclusive and safer justice
In addition to these specific measures, the bill includes provisions aimed at eliminating myths and stereotypes targeting victims of sexual, domestic, and post-separation violence by introducing a presumption of irrelevance for these arguments. Furthermore, the introduction of a simplified and expedited civil remedy for victims of the non-consensual sharing of intimate images represents another advancement that will allow for swift action to halt the spread of harmful content and mitigate its consequences.
Juripop wishes to acknowledge all the victims we have had the privilege to represent. It is through their courage, resilience, and testimonies that we have been able to formulate these essential recommendations to improve access to justice. Their experiences and voices have influenced concrete changes in the judicial system, and we hope that these legislative advancements will contribute to providing them with more accessible, humane, and secure justice.