JUSTICE. The profession of bailiff remains a key factor in a legal society. Pascal Gagné and Samuel Lachance, bailiffs in the Beauce district, testify to this little-known link in the judicial system.
The practice of bailiff first involves obtaining a college diploma in legal techniques or a university degree in law. Candidates then enroll in professional training given by the Chambre des bailiffs du Québec (CHJQ). This professional order also supervises the work of its members.
“The bailiff course focuses a lot on practice. You can carry out all tasks alone during the internship, except the execution of judgments where you are accompanied by an experienced bailiff,” says Mr. Lachance, who has been doing this work for two years.
For Pascal Gagné, a bailiff with 25 years of experience, individuals and companies cannot evade their obligations. “The law is the same for everyone. We are actors in the system, like the police and lawyers,” he explains.
Many tasks
Equipped with a badge with his own number, the bailiff carries out several tasks for the public and private sectors: service, execution of judgment, eviction, sale under court supervision, report by bailiff, amicable recovery, evaluation furniture… a universe far from the truncated image of the burly and mean man!
“We don’t get up every morning thinking about our next seizure. A bailiff shows empathy and keeps his cool, but is organized and lives by rules. […] We have to defuse certain situations, even if that’s not really our role,” says Mr. Gagné.
He cites the concept of eviction, a procedure ordered by the Administrative Housing Tribunal (TAL). “A tenant loses their home for many reasons, such as the end of a job or a consumption problem. Only a bailiff can evict the tenant. The owner, the police and social workers do not have this power,” indicates Pascal Gagné, adding that the bailiff collaborates with these professionals during certain operations.
“We don’t have any weapons and we don’t always know how the person will behave. You have to take a step back and develop your listening skills,” explains Samuel Lachance.
Rare succession
The lack of succession was part of the discussions at the last annual convention of the CHJQ, held in October in Saint-Hyacinthe.
Samuel Lachance knew, from the start, that being a bailiff represents more of a way of life than a profession. “I travel more than 1000 kilometers per week, depending on the volume of files. […] You have to put on a shell and leave the work at the office,” says the 24-year-old.
His cohort included an equal number of men and women, which was still extremely rare a few years ago. He likes the aspect of being an independent worker, as does Pascal Gagné.
“We are our own SME. […] It’s a little-known, but necessary, profession. In my case, it was an accident after returning to school. I wanted to go into law, without being a lawyer or notary. We intervene in many different contexts,” he recalls.
Readers wishing to learn more about the duties of a bailiff can visit the website of the Chambre des bailiffs de justice du Québec (chjq.ca).
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Born in Beauce, Samuel Lachance has been practicing this work for two years. (Photo L’Éclaireur Progrès – Frédéric Desjardins)
