Sections Council

The Sections Council is a dedicated advisory body of the Barreau du Québec that promotes healthy communication with the Board of Directors and between the sections bars.

Meeting of 28 and 29 September 2022
At the meeting on 28 and 29 September 2022, management presented its Strategic Plan 2022-2026. The plan is broken down into four main strategic directions:

– Focusing the Bar’s actions on its core mission of protection of the public
– Proposing and implementing concrete and applicable solutions to improve access to justice
– Re-imagining the legal profession (2040) and reforming the control of its practice
– Creating an efficient organisation that promotes long-term commitment

Some of these actions are very important projects, such as ensuring the supervision of paralegals and reforming the professional inspection programme. The adoption of the Strategic Plan is therefore an important milestone because all of the Bar’s actions in the coming years will be based on the orientations set out in it.

Some of the actions resulting from the strategic directions will have more direct impact for AHQ. One of the projects arising from the first strategic direction aims at “redefining the role and contribution of the Section Bars around the mission of the Bar”, which includes reviewing the role of the Sections Council, in which AHQ actively participates. The Bâtonnière stated at the meeting that the aim of the reform was to use the Council to consult its members on the Bar’s priority files and any subject related to the mission of protection of the public. This is a positive development as AHQ will continue to bring the voice of its members to the Sections Council which should be called upon to play a greater role in the future.

However, the new role of the Council also implies some change in usual practices. Whereas a large part of the Council’s meetings was dedicated to sharing the social achievements and activities from each section, the exchanges will now be more limited to interventions on issues related to access to justice, administration of justice and the protection of the public.

In connection with the second strategic direction, the Bar is currently studying several measures to improve access to justice, including

– A legal expenses insurance
– Supervision of the fee agreement and pricing
– Access to justice through fiscal measures
– Management of the paralegal profession
– Decision-making lawyers: could certain additional acts be devolved to lawyers?

The Council was consulted at the meeting to provide comments on these various measures. Following the recommendations of the AHQ Board of Directors, the AHQ representative was able to intervene in the discussion in order to emphasize that it was crucial that the solutions adopted take into account the situation of lawyers working outside the province (for example, the granting of tax credits for legal fees should be available even if a lawyer practices outside Quebec, etc.). This aspect has generally been well received by the Bar’s management.

In addition to these two aspects, members can consult the 2022-2026 Strategic Plan to learn more about the Bar’s projects arising from the four orientations.

The Council meeting also addressed other current issues, such as the regulatory implementation of a new law to improve access to justice by enhancing the availability of free legal services or given at a reduced cost (formerly Bill 34). The law amends the Act Respecting the Barreau du Québec to permit the practice of law within a NPO. However, the Barreau must now adopt a regulation to govern the practice of law within these NPOs. The current proposal is to require that a majority of the NPO’s Board of Directors be composed of lawyers and to require NPOs to register with the Barreau. There would be limits on the fees for legal services offered in an NPO. It is also interesting to note that the Bar wants to allow retired lawyers to provide legal advice within an NPO.

Another current issue is the adoption by the Barreau du Québec of new orientations regarding justice in the North and for indigenous communities. A new committee was also created with the mandate of negotiating new legal aid fees with the government.

The next meeting of the Sections Council will be held on 23 and 24 February 2023 in Montreal.

Meeting of 31 March-1 April 2022
The Sections Council met on 31 March and 1 April 2022. Most of the meeting was dedicated to discussions with the judiciary. Judges from the Court of Quebec, Superior Court, Federal Court, Administrative Labor Tribunal and Administrative Tribunal of Quebec engaged with members of the Council in order to take stock of the post-COVID situation within the various courts. It was also an opportunity to discuss the current challenges affecting several courthouses, such as the glaring lack of staff and the infrastructures technological updates.

The Council was also informed of some updates on several Quebec Bar projects. The most important is certainly the reform of the Bar School program. The Bar School will now focus on experiential learning by adopting the model of a legal clinic for aspiring lawyers. The first pilot project will begin in the fall of 2022 with a cohort of 150 students and the goal is to deploy the project for all students in the fall of 2023. On another topic, the Bar is currently working on its 2022-2025 strategic planning and should present a project at the next meeting of the Sections Council in the fall. The Bar has also set up a hotline allowing lawyers to obtain information relating to issues of harassment and discrimination in the workplace. The Respite Program is also a new initiative launched by the Bar this year. It allows self-employed workers to receive some financial assistance if their professional activities are temporarily interrupted due to a work stoppage related to their mental health.

Finally, the traditional roundtable was an opportunity for each group to share its concerns and projects with all the members of the Council. This moment is always beneficial for AHQ in order to share with all Quebec Bar stakeholders the results of the Association’s activities and its future plans.