The Canada Brief

Canada · 1 d ago

The Montreal courthouse

Jean Gagnon · CC BY-SA 3.0 · Wikimedia Commons

Lawyer argues Quebec's new family court is illegal

Family lawyer Anne-France Goldwater told a Montreal court Monday that the Tribunal unifié de la famille, Quebec's unified family court, is illegal and unconstitutional. She brought the case herself, and the trial is expected to last two weeks.

Background

The tribunal, created by a law adopted in April 2025, sits within the Court of Quebec, whose judges are named by the province. Superior Court judges, who handled these cases before, are chosen by Ottawa.

Goldwater's arguments

  • It discriminates by parents' marital status
  • It treats children born before and after 2025 differently
  • It makes access to justice harder for families
  • Judges need not master English

Goldwater argues the tribunal discriminates, splits families' cases among several judges and makes access to justice harder for English-speaking parents.

"It takes guts and a budget," she said of taking on the challenge alone.

— Anne-France Goldwater, lawyer