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How is Technological Change Reflected in the New Regulations Governing Court Procedure in Québec?

Fasken
Reading Time 2 minute read
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Overview

January 2016 opened a new chapter in the reform of Québec civil procedure. The new Code of Civil Procedure replaced the old Code of Civil Procedure, which dated from 1965. The objective was to bring civil justice into the 21st century by making it more accessible and timely on the one hand, and less cumbersome and costly on the other.

Obviously, information and communication technologies have a role to play. The reformist legislator fully understood this. During the parliamentary debates, Justice Minister Bernard Saint-Arnaud stated that “(…) the use of such technologies has the potential to increase accessibility of justice for Quebecers, to improve the quality of services provided, to reduce delays and the associated costs”. First, the explanatory notes to the draft legislation state that the legislation “allows the use of information technologies in civil procedure”. Article 26 of the new Code of Civil Procedure crystallizes that objective by requiring that “appropriate technological means (…) should be used whenever possible” in applying the Code

This resource is therefore intended as a review, from a strictly technological standpoint, of the new practice regulations of the Court of Appeal of  Québec, the Court of Québec, and the Human Rights Tribunal, as well as the directives issued by the Superior Court (the regulation of that court has not been published as at the writing of this resource). The Act to Establish a Legal Framework for Information Technology will also be put into perspective in a number of instances.

This information could be useful to a wide range of people, including lawyers pleading in Quebec civil courts (Court of Appeal of Québec, Superior Court, Court of Québec and Human Rights Tribunal). For more information, download How is Technological Change Reflected in the New Regulations Governing Court Procedure in Québec?

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