Canada Case Law

Aylward v. Complaints Review Committee of the Provincial Court of Newfoundland and Labrador

Court

Newfoundland and Labrador Court of Appeal

The appeal is dismissed because the Committee correctly interpreted the Provincial Court Act and correctly found no evidence that the judge's actions amounted to judicial misconduct; the complained-of matters were errors of law or fact within the appellate process rather than conduct warranting referral to a judicial complaints panel, and there was no palpable and overriding error in the Committee's mixed fact-law findings.

Source excerpt

• Judicial misconduct
• Standard of review
• Jurisdiction
• Dismissal of complaint

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Coalition of Interested Advocates v. Nova Scotia

Coalition of Interested Advocates v. Nova Scotia (Judicial Council)

Court

Supreme Court of Nova Scotia

The court held that the Coalition raised serious justiciable issues about the scope and reasonableness of a Review Committee's exercise of authority under s.17G(b) to resolve very serious misconduct complaints and approve reprimands/remedial measures potentially reserved to the Judicial Council under s.17K; the Coalition demonstrated a genuine interest and that judicial review is a reasonable, efficient and effective means to adjudicate the statutory question. Public interest standing was therefore granted.

Source excerpt

• Public interest standing
• Statutory interpretation
• Judicial independence
• Judicial misconduct
• Judicial council procedure
• Judicial review

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Ye v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Ms. Ye’s judicial review of a CJC screening decision, finding the complaint concerned judicial decision-making rather than conduct, and awarded $1,000 costs to the AGC.

• Screening decision
• Canadian judicial council
• Judges act
• Jurisdiction
• Bias
• Costs

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Dugré c. Canada (Procureur général)

Court

Federal Court

La Cour fédérale rejette le contrôle judiciaire visant la recommandation de révocation du juge Dugré, jugeant que l’article 16 et l’article 18.5 n’écartent pas l’examen judiciaire et qu’aucune norme impérative de six mois n’a été créée.

• Judges removal
• Judicial conduct
• Judicial independence
• Standard of review
• Statutory interpretation
• Access to courts

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Brinton v. The Judicial Council of Nova Scotia et al.

Court

Supreme Court of Nova Scotia

The application for judicial review is dismissed: the applicant lacks standing to challenge the substantive merits of the Chair's screening decision, the limited duty of procedural fairness owed to the complainant was met, the Chair acted within his statutory screening authority and his dismissal of the complaint was reasonable, and a Doré analysis was unnecessary.

Source excerpt

• Judicial review
• Standing
• Procedural fairness
• Judicial council screening
• Statutory interpretation
• Reasonableness review

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Patel v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Dr. Patel’s judicial review of CJC screening decisions, holding the complaints concerned judicial decision-making, not conduct, and that the decisions were reasonable.

• Judicial review
• Screening decision
• Conflict of interest
• Recusal
• Ethical principles for judges
• Mootness

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Lauzon v. Ontario (Justices of the Peace Review Council)

Court

Court of Appeal for Ontario

The Court allowed the appeal in part: it accepted that publishing an inflammatory article could constitute judicial misconduct but concluded the Hearing Panel’s amplified finding of irremediable bias and recommendation for removal was unreasonable because the Panel applied a subjective bias test, failed to give proper weight to the factual basis and motivation for the article, neglected a robust Doré proportionality analysis and judicial independence considerations; the Court substituted disposition of reprimand and 30-day suspension without pay and awarded specified costs.

Source excerpt

• Judicial independence
• Judicial impartiality and bias
• Freedom of expression (charter s.2)
• S.1 proportionality (doré analysis)
• Standard of review (vavilov)
• Removal from office

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Leahy v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review of the CJC’s refusal to investigate a complaint, holding the complaint targeted judicial decisions rather than misconduct and raised no section 15 breach.

• Judicial council jurisdiction
• Judges act interpretation
• Section 15 charter challenge
• Judicial misconduct
• Reasonableness review
• Judicial-review

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Dugré v. Canada (Attorney General)

Court

Federal Court

La Cour fédérale accueille la motion visant à radier la demande de contrôle judiciaire comme prématurée, jugeant que le processus disciplinaire n’était pas terminé.

• Prematurity doctrine
• Judicial review
• Removal of judges
• Procedural fairness
• Administrative exhaustion
• Prematurity-doctrine

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National Council of Canadian Muslims v. Canada (Attorney General)

Court

Federal Court

La Cour fédérale a jugé raisonnable la décision du CJC de clore les plaintes visant le juge Spiro avec une expression de préoccupation formelle, et a rejeté la demande de contrôle judiciaire.

• Judicial conduct review
• Removal of judge (therrien test)
• Reasonableness standard (vavilov)
• Procedural fairness to complainants
• Reasonable apprehension of bias
• Judicial-review

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