Les droits et la justice au guichet

perspectives du personnel judiciaire québécois sur l'accès à la justice des justiciables non représenté·es

Abstract

The number of unrepresented litigants in Quebec courts is on the rise. Yet, legal proceedings are complex for people with little legal experience, who turn to court personnel for assistance at every stage of their file. Court personnel, however, is only authorized to provide very general information.

Based on interviews with judicial staff at the Montréal Courthouse, the Municipal Court of Montréal, the Administrative Tribunal of Québec and the Court of Appeal of Quebec, this article paints a picture of the tribulations of unrepresented litigants who turn to the clerks of these courts. It also describes the services available to them and shows how the blurred boundary between legal advice and legal information deprives these litigants of the assistance they need to participate in the judicial process. The article also highlights the inadequacy of current services and the need to reconsider following the logic of the market, which produces deleterious effects on the judicial system and leaves a growing number of litigants out in the cold.