Canadian Judicial Council information Pamphlet
Canadian Judicial Council
Ottawa, Ontario
K1A 0W8
Tel.: (613) 288-1566
Fax: (613) 288-1575
CANADIAN JUDICIAL COUNCIL
The Canadian Judicial Council is made up of 39 members and is chaired by the Chief
Justice of Canada. Membership consists of the chief justices, associate chief justices
and some senior judges from provincial and federal superior courts across the country.
The Council collectively has authority over a body of more than a thousand federally
appointed judges. The Council meets twice a year. In the meantime, it is through
committees that the Council does much of its work. Some of these are permanent,
standing committees; others are formed to deal with specific issues or projects.
The operation of Canadian justice relies on the existence of a highly trained,
professional and independent judiciary.
Canadians rightly demand a high degree of professionalism and good conduct from
their judiciary. They also need a judiciary that is independent and able to render
judgments without fear of reprisal. To that end, Parliament created the Canadian
Judicial Council in 1971, giving it power under the Judges Act to investigate and
rule on complaints about the conduct of federally appointed judges.
THE CONDUCT OF JUDGES
Every year, federally appointed judges in Canada make thousands of decisions on
matters that range from procedural questions to the most fundamental interests of those
appearing before them.
Judges can make mistakes. When one side or the other in a legal dispute thinks that a
judge has come to the wrong decision, our system of justice allows that person to appeal
the decision to a higher court. Appeal courts can reverse or vary the decisions made by
other judges. The fact that an appeal court has overturned a judge’s decision does not
mean that the judge’s conduct was improper or that grounds exist for removal of the
judge from the bench.
Whether judges are correct or incorrect in their decisions, a high standard of personal
conduct is expected of them. When someone believes that a judge’s behaviour
is of serious concern, or that a judge is not fit to sit on the bench, here too our system
of justice provides for a remedy. In such cases, a complaint may be addressed to the
Canadian Judicial Council.
An important
difference
When issues arise concerning a judge’s role in a trial, the distinction
between decision and conduct is fundamental in deciding where
you should go for remedy.
Issue
A judge’s decision is questioned
Remedy
Appeal – a higher court reviews the decision
Issue
A judge’s Conduct is questioned
Remedy
Complaint – the Canadian Judicial Council reviews the judge’s conduct
The Council’s Judicial Conduct Committee is responsible for reviewing judicial conduct
in a way that is fair, objective and effective. It must also guarantee a prompt and fair hearing
for judges who are accused of misconduct. In all cases, judicial independence – the
foundation stone of Canadian justice – is central to the process.
The Complaints Process
Canadians can have confidence in their judges. From the tens of thousands of
judicial hearings that take place every year in Canada’s superior courts comes a very
low number of complaints. Although the Minister of Justice or a provincial Attorney
General may generate an inquiry, most complaints come from the general public,
and around half relate to cases in family law.
● If you wish to make a complaint,
you do not need to be represented
by a lawyer. Simply make your
complaint in writing to the
Canadian Judicial Council at:
Canadian Judicial Council
Ottawa, Ontario
K1A 0W8
Your letter should include:
•Your name and address
• Name of the judge, court,
date and circumstances of
the conduct in question
• Detailed description of
the conduct
● A member of the Canadian Judicial
Council’s Judicial Conduct Committee
examines the complaint and determines
whether the judge in question should be
contacted. If necessary, an independent
counsel may be appointed to make
further inquiries. If more than one
perspective is needed, a panel made
up of Council members and puisne
judges (that is, ordinary judges, not
chief justices or associate chief justices)
may be struck.
● If the matter is very serious, or if the
complaint comes from a provincial
Attorney General or the Minister of
Justice of Canada, an Inquiry Committee
may be appointed to hold a public
hearing, after which the matter goes
on for discussion by the full Council.
● After considering the report of an
Inquiry Committee, the Council may
recommend to Parliament (through the
Minister of Justice) that the judge be
removed from office.
● The Council’s only power is to
recommend to Parliament that a judge
be removed from office. Parliament
has never had to face such a situation,
although sometimes judges retire or
resign before the matter gets that far.
Where appropriate, the Council may
express concerns about a judge’s conduct
where the matter is not serious enough to
recommend that the judge be removed.
● When your complaint has been
considered and determined, the
Council will advise you of the decision
in writing.
Authority of the Canadian
Judicial Council
The Council has authority only over federally appointed judges – that is, those
presiding over the courts listed below.
A complaint about a provincial or territorial court judge should be directed to the
judicial council in your province or territory.
Canada
Supreme Court of Canada
Federal Court of Appeal
Federal Court
Court Martial Appeal Court of Canada
Tax Court of Canada
Newfoundland
Supreme Court, Court of Appeal
Supreme Court,Trial Division
Prince Edward Island
Supreme Court,Appeal Division
Supreme Court,Trial Division
Nova Scotia
Court of Appeal
Supreme Court
New Brunswick
Court of Appeal
Court of Queen’s Bench
Quebec
Court of Appeal
Superior Court
Ontario
Court of Appeal
Superior Court of Justice
Manitoba
Court of Appeal
Court of Queen’s Bench
Saskatchewan
Court of Appeal
Court of Queen’s Bench
Alberta
Court of Appeal
Court of Queen’s Bench
British Columbia
Court of Appeal
Supreme Court
Yukon
Supreme Court
Northwest Territories
Supreme Court
Nunavut
Court of Justice
Reference original pamphlet here:
http://www.cjc-ccm.gc.ca/cmslib/general/news_pub_judicialconduct_CJCRole_en.pdf
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