Reforms for greater confidence in the judicial system now law Français

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Department of Justice Canada

Jun 23, 2023, 17:42 ET

OTTAWA, ON, June 23, 2023 /CNW/ - Canadians should have full confidence in their judicial system. Maintaining this confidence requires that there be an accountable, transparent and cost-effective process for the handling of complaints against federally appointed judges.

Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada announced that legislative amendments to the Judges Act, to strengthen the judicial complaints process, received Royal Assent and these changes are now law. The amendments reform the process for handling complaints against judges, which had been established 50 years ago.

The new system will improve the process by imposing mandatory sanctions on a judge when a complaint of misconduct is found to be justified, but not serious enough to warrant removal from office. Such sanctions now include counselling, continuing education, and reprimands.

Additionally, streamlining the process for more serious judicial complaints, where removal from the bench could be an outcome, will also enable resolutions that are more timely and cost effective, in comparison to a system that had previously been cumbersome and expensive.

The Canadian Judicial Council (CJC) is responsible for administering the judicial complaints process. The CJC will be required to include in its public annual report the number of complaints received and how they were resolved.

Previous public consultations informed these amendments, with the goal of making important changes while respecting the constitutional principle of judicial independence.

Quotes

"Accountability is the bedrock of our justice system – and that includes accountability from our judges. While rare, complaints against judges that could result in removal from the bench will be handled in a timely and cost-effective manner. For the first time, judges will be accountable for less serious – but nevertheless consequential – instances of misconduct. By reforming the way complaints against judges are handled, we can ensure that our judicial system is one that Canadians can trust."

The Honourable David Lametti
Minister of Justice and Attorney General of Canada

Quick Facts
  • The Canadian Judicial Council (CJC), created in 1971, comprises all of Canada's federally appointed chief and associate chief justices, and independently investigates complaints of misconduct against federally appointed judges.
  • The CJC's process applies to federally-appointed judges, which are the judges of the Supreme Court of Canada and federal courts, the provincial and territorial superior trial courts, and the provincial and territorial courts of appeal. It also applies to the associate judges of the Federal Court and Tax Court of Canada. The provinces and territories are responsible for reviewing the conduct of the judges of the lowest level of provincial/territorial trial court, who are provincially-appointed.
  • Since its inception in 1971, the CJC completed inquiries into ten complaints considered serious enough that they could warrant removal from the bench; five of them resulted in recommendations for removal.
  • The CJC will continue to preside over the judicial complaints process. Following an initial screening and review by the CJC, if needed, a three-person review panel will decide to either investigate a complaint of misconduct or, if the complaint is serious enough that it might warrant removal from the bench, refer it to a separate five-person hearing panel.
  • If appropriate, the three-person review panel made up of a CJC member, a judge who is not a CJC member and a layperson could impose such sanctions as public apologies or courses of continuing education.
  • If warranted, a five-person hearing panel, made up of two CJC members, a judge who is not a CJC member, a lawyer and a layperson could recommend removal from the bench to the Minister of Justice, after holding a public hearing.
  • Judges who face removal from the bench will have access to an appeal panel made up of three CJC members and two judges and, finally, to the Supreme Court of Canada, should the Court agree to hear the appeal. This will streamline the previous process for court review of CJC decisions, which involved judicial review by two additional levels of court, the Federal Court and Federal Court of Appeal, before a judge could ask the Supreme Court of Canada to hear their case.
  • The restructured process includes a new funding mechanism for aspects of the complaints process. Additionally, there are now new financial control mechanisms in the form of independent review to ensure better accountability for process costs.
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SOURCE Department of Justice Canada

For more information, media may contact: Diana Ebadi, Press Secretary, Office of the Minister of Justice and Attorney General of Canada, 343-574-3446, [email protected]; Media Relations, Department of Justice Canada, 613-957-4207, [email protected]

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