hello to québec as elsewhere in
the world of civil justice systems
are in crisis in crisis of confidence in
accessibility crisis 85 % of
Quebecers think that the rich are
favored 76% consider the deadlines
too long
69% can not afford to
represent in court and 50
2% consider unfair judgments
it’s rather disturbing to see these
numbers because in a society
democratic
the justice system is a foundation
important for sure that during the
different decades the
governments the institutions have
adopted different measures to
improve this system but it’s
complex and it does not change like that
but I’m just like at law
for 30 years I have seen different
changes because I was becoming
lawyer and yes I was a day more
young and I always curled up we think
to all these practices so remove that
and when I started practicing
I was happy but I adore you
I was very naive and started
to distribute the business cards and
every time I had a cost to the case
because I realized that
the lawyers had a bad one
really bad reputation in
reality only 39% of the population
trust us
so I had not done anything yet
worse I thought it was hard but
I was enthusiastic I started to
plead
and then loaned to the civilian and I won
records and yes and I lost some
also but even when I won the
customers were not happy they
were not happy for all
reasons that I tell you but especially the
rita major it was my bill
of fees does that imagine the one who
had lost
so I turned to justice
alternative and I started to
work in an organization that
offered arbitration and
private mediation 26 years ago
in quebec we were really
pioneers at that time and then a
day I decided to become
mediator so for 18 years that I
mediator
gd over a thousand people to
find solutions to their conflict and
then by passing one settles in mediation
85% success rate according to
Ministry of Labor Justice
yes what I ‘m going to tell you is that
in the beginning of my practice enough
quickly I was confronted with a
dilemma
I had a cut to see – separation
divorced
and then I ask them what is your
deep intentions in coming without
mediation
you want what deep it is
look and look at you look at each other
what tell me we want we want
justice and further in my head
it’s the game
I had not I tell myself but his time
it’s not the justice of the courts
since they are in mediation
will we find it in my
mediation office I’m not too much
erne certainly do – inside
I am what is mediation not
too sure I was asleep a course of
right but in any case it was not
clear in my head
so I decided to start a quest
of sites understand but what is the
justice
in fact there is no definition
unique justice it would have been
far too simple it varies according to
times societies cultures
so but park have big concepts
that I gave you Socrates says that the
justice is like love
it’s one of the two greatest virtues
so it’s an ideal it’s an absolute
good it’s difficult to apply
so some people said we have up to
to apply the law the laws and justice
will be rendered
but still, what will it be
that rode morality concept
of equality equity says sic
administration of justice
oh no it’s not that clear but
me my greatest discovery was
this one is that in the background me you
each of you have inside of
we a court and tim a deep meaning
of justice and that when two three
or even several individuals
meet together to talk around
of a table dolor needs their
interests of their value in their
beliefs of their religion in their
perception of their interpretation pee
wee could talk about their rights
also do not stop it well we go
find solutions together
mutually satisfactory solutions
creative original is supposed to
truly satisfactory private justice
you may be thinking yeah but
the judges what they do is
what lol is not good public justice
because I’m going up a little diagram
of children private justice has
always existed an informal system
much faster or an expensive
and then next to public justice
a formal system and play it there
make a decision in law
temis he takes his sword joc i slice
is leading who falls well one who
remain standing it bleeds – solo but I
from the head rolling to your pots say
justin st avold screaming at injustice
but what you have to understand is that
it’s absolutely essential
these court decisions are entitled
in fact editions places are
essential
for that because everything is not but
devil everything is not negotiable no
the more we need the alignments our
needs of the courts and that allows us
also to render a justice deprived of
quality and these two systems are
complementary to each other the
private justice has always existed
and if we did not have it could not
operate in public system then
and participatory justice is
say
let’s look at it together and see on the
complementarity and system
informal until formal systems it
is a range of services that can
be made to citizens and participate
three citizens to find a solution
especially as on 1 January 2016 the
Code of Civil Procedure has been
modified in quebec
judge richard wagner of the court
supreme milliner a real
culture change
it is a major and unprecedented reform
good I agree with him and he
agreed but what is the
reform is that we came to say the
justice was private henceforth you
must consider it citizens lawyer
before going from a public system
you have to make an effort to
settlement mediation negotiation
in the private while the trial has
always been the first mayor of
first reflex it becomes the last
means
do you imagine the lawyers who have been
trained to be gladiators
now you are asked to be
peaceful warriors
Wow, what a change of culture
oh there but then there are people who
have said yes but it will take 10
aged 15 can not change a
culture like that it shocked me
because in the background I tell myself it’s
what to do but do it and
I thought but what does it take
to change a culture
the first song I think alas
take training and
information to the population that the
citizens know that justice with a
big j -c not always possible ok
that he has realistic expectations by
report to the system it is of course that
I invite my sisters and brothers
lawyers
to change their practices I think that
we have an opportunity
extraordinary to regain confidence
of the population and to change our
ways to practice there is there a
opportunity to seize
finally it is of course that large
institutions I think of the ministry of
Justice
counsel for the judiciary the bar of the
Quebec law schools must
support and embedded in change
in their sphere of activity in their
sphere of influenced
and then I have a dream why that of the
kindergarten to sixth grade
would not have classes on
negotiation communication
reasoned on the empathy of the courses
mandatory
do you imagine changes we would have
and then I still like peacemakers
mediator in all walks of life
job
we would take the conflict at its root
would be wonderful to make a
change of culture justice
participatory for more humanity
yes I believe it because when we have
an interior of oneself a sense of
peace that this milk are empty the justices
we are not at peace but when we are
in peace when we do not feel
inside oneself one can be well
in his couple
we can be good in his wife and we
can be good in his job
we can be good in his community
what is interesting is that it
gives and does contamination becomes
models for our kids because
the collective well-being
it also means better being
individual first and foremost by a
be better then the individual
major sociological economic challenges
environmental demographic is this
we have time to lose so much
in court I do not believe is
what time would not be at the
mediation negotiation why
not me by doing these small
conferences
I wanted to bring my stone to
the building
my contribution to change
if you believe this idea is worth the
to be shared well with you and
especially thank you very much
[Applause]
”
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