Municipal court: Social programs for the most vulnerable Montrealers

Last updated May 25, 2023
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Do you work with vulnerable people facing legal proceedings or represent an organization that helps them? Discover how the municipal court’s social programs can provide solutions for complex, delicate or difficult situations.

Justice that is humane and accessible 

Montréal’s municipal court provides judicial services in civil, criminal and criminal matters throughout Montréal.

Whether one is a victim or has been accused of wrongdoing, the legal process can be complex and intimidating. Over the years, municipal court staff have found that:

  • Some people need special support
  • Sentences were ill-suited to the physical or psychological capacities of some accused persons
  • The traditional approach (prosecution – trial – conviction) did not always solve the problem that led to the crime being committed. 

Some programs are also intended to provide alternatives to incarceration or financial sanctions, so as not to penalize the future of accused persons. They also aim to promote individual responsibility and reduce repeat offenses.

Specific programs have been implemented since 1986. This approach has been unique in Québec for quite some time and remains a source of inspiration for provincial and foreign courts.

Free services

Eligibility criteria vary from program to program.

As soon as victims of criminal acts appear in municipal court, a social worker is assigned to their case to meet with them and take care of them throughout the process. 

Persons involved in a court case are referred to the appropriate program by a first responder (social worker or police officer) or by a legal professional at court (prosecutor, judge or lawyer). The prosecutor in charge of the case ultimately decides on the eligibility of the person.

Overview of programs

The “Côté Cour” program

Target: Victims of conjugal or family violence

Objective: To offer support throughout the judicial process (support, dialogue, explanations, information and professional assistance)

How it works: 

  • The “Côté Cour” service accompanies the victim throughout the judicial process and takes their requests into account. 
  • The prosecutor meets with the victim and explains the process at each stage of the case.
  • If the aggressor is released, the victim is promptly informed of the conditions of release

PAJMA program (Programme d’accompagnement justice contre la maltraitance des aînés)

Target: People ages 65 and up who are victims of abuse or mistreatment

Objectives: 

  • Provide support throughout the judicial process (support, dialogue, explanations, information, assistance in preparing one’s testimony and in court).
  • Encourage whistleblowing and gather evidence.

How it works:  The Centre d’aide aux victimes d’actes criminels (CAVAC) or the “Côté Cour” program assists the victim during the judicial process and takes their requests into account.

Conciliation program

Target: People who are experiencing conflict within a relationship and who may have to maintain certain ties after the legal proceedings (neighbours, friends, tenant/landlord, employee/employer). This program does not cover cases of conjugal and family violence.

Objectives:  To establish a mode of conflict resolution by avoiding litigation and organizing future co-existence.

How it works: 

  • The prosecutor meets with the victim and determines whether an amicable settlement is possible.
  • The prosecutor contacts the accused person or his or her lawyer and tries to find a settlement.
  • If all parties agree, the settlement is submitted to the court for approval. In some cases, the charges may be withdrawn and compensation may be paid.
  • The Centre d’aide aux victimes d’actes criminels (CAVAC) can offer support to the victim throughout the judicial process (dialogue, explanations, information, support in court).
  • If the parties cannot agree, the court process resumes.

PAJ-SM program (Programme d’accompagnement justice - santé mentale)

Target: People who are struggling with a mental health issue and facing criminal or penal charges

Objectives: 

  • Provide an alternative to incarceration through close monitoring and appropriate judicial support (psychosocial assessment and monitoring, clinical and legal guidance, information and court support).
  • Facilitate synergy between the judicial and health and social services networks.

How it works: 

  • Eligibility is decided by the prosecutor upon referral from a professional connected with the court (police officer, prosecutor, judge, social worker affiliated with the court).
  • In the case of a first offence, the diversion of a case may be considered.
  • If the participant successfully completes the program, imprisonment can be avoided.
  • If the participant withdraws from the program or fails, the judicial process resumes.

PAJIC program (programme d’accompagnement justice – itinérance à la cour)

Target: People who have experienced a period of homelessness and have a criminal record.

Objectives: To reduce the impact of litigation and promote the process of social reintegration.

How it works: 

  • Eligibility is determined by the prosecutor, by referral from a representative of the Clinique Droits Devant, the First Peoples Justice Center or by the defense lawyer.
  • If this is a first offence, the diversion of the case may be considered.
  • People with a criminal or penal record must participate in follow-ups.
  • While the individual is in the program, the regular court process is postponed to a later date.
  • If the participant succeeds in the program, his or her debt may be reduced or imprisonment may be avoided (dismissal of charges, adapted sentences, etc.).
  • If the participant withdraws from the program or fails, the judicial process resumes.

PAJTO program (Programme d’accompagnement justice en toxicomanie)

Target: People facing criminal charges and struggling with a substance abuse problem (drug or alcohol addiction)

Objectives: 

  • Educate participants about the impacts of their addictions and the associated risks.
  • Provide an alternative to incarceration through a therapeutic approach and post-therapeutic follow-up.
  • Promote rehabilitation and social reintegration.

How it works: 

  • Participation in the program is determined by the prosecutor and is voluntary.
  • The person must: 
    • Admit to having a problem with alcohol or drug use
    • Take part in a therapeutic process
    • Agree to conditions of release, if applicable
    • Agree to the disclosure of personal information concerning his or her therapy, progress and general condition to the court and team of response staff.
  • If the participant withdraws from the program or fails, the judicial process resumes.

EVE program

Target: Women who have committed one or more economic crimes (shoplifting, employer theft, price change, credit card fraud, forged cheques, etc.)

Objectives: 

  • Propose an alternative solution to avoid sentencing or imprisonment.
  • Offer diversion measures for first-time offenders.
  • Make accused persons accountable for their behaviour by identifying the causes and consequences of their actions.
  • Reduce repeat offenses by targeting tangible means of control. 

How it works: 

  • Participation in the program is voluntary and is determined by the prosecutor in collaboration with a representative of the Société Elizabeth Fry du Québec’s EVE Program.
  • The person must acknowledge his or her responsibility.
  • The person must participate in group sessions and follow-ups.
  • If the person successfully completes the program, imprisonment may be avoided or the sentence reduced.
  • If the participant withdraws from the program or fails, the judicial process resumes.

“Projet Point Final” program

Target: Persons who are convicted of driving a vehicle while their driving abilities were impaired by alcohol or drugs

Objectives: To avoid incarceration and reduce the risk of repeat offenses by informing and educating participants about the consequences of driving under the influence of alcohol or drugs.

How it works: 

  • Participation in the program is determined by the prosecutor and is voluntary.
  • The individual must attend the program’s group sessions and Alcoholics Anonymous.
  • If the person successfully completes the program, imprisonment may be avoided and replaced with a fine or conditional sentence.
  • If the participant withdraws from the program or fails, the judicial process resumes.

Indigenous Municipal Court Accompaniment Program (PAJ-A)

Target: People who self-identify as Indigenous (First  Nations, Inuit or Métis) and are facing criminal charges

Objectives: 

  • Provide an alternative to incarceration that takes into account the unique systemic and historical circumstances in which Indigenous communities have evolved.
  • Give accused persons and victims the chance to participate in an individualized and culturally appropriate process of healing, redress of harm and maintaining harmony within the community.

How it works: 

  • Accused persons or their representatives are eligible for the program as soon as they indicate that they identify as Indigenous.
  • Sessions begin with an opening word from an Indigenous Elder or Courtworker and a purification ceremony.
  • A non-confrontational approach is advocated by judges, defense lawyers and prosecutors.
  • Workers from the Centre d’aide aux victimes d’actes criminel (CAVAC), the “Côté Cour” program and the Indigenous community attend all sessions to assess needs and provide support to victims or accused persons.
  • Interpreters and defense lawyers ensure that the accused person understands the judicial process.

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