Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-11-06 and last amended on 2017-09-29. Previous Versions

Inquiries concerning Judges

Marginal note:Inquiries
  •  (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

  • Marginal note:Investigations

    (2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.

  • Marginal note:Inquiry Committee

    (3) The Council may, for the purpose of conducting an inquiry or investigation under this section, designate one or more of its members who, together with such members, if any, of the bar of a province, having at least ten years standing, as may be designated by the Minister, shall constitute an Inquiry Committee.

  • Marginal note:Powers of Council or Inquiry Committee

    (4) The Council or an Inquiry Committee in making an inquiry or investigation under this section shall be deemed to be a superior court and shall have

    • (a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and

    • (b) the same power to enforce the attendance of any person or witness and to compel the person or witness to give evidence as is vested in any superior court of the province in which the inquiry or investigation is being conducted.

  • Marginal note:Prohibition of information relating to inquiry, etc.

    (5) The Council may prohibit the publication of any information or documents placed before it in connection with, or arising out of, an inquiry or investigation under this section when it is of the opinion that the publication is not in the public interest.

  • Marginal note:Inquiries may be public or private

    (6) An inquiry or investigation under this section may be held in public or in private, unless the Minister requires that it be held in public.

  • R.S., 1985, c. J-1, s. 63;
  • 1992, c. 51, s. 27;
  • 2002, c. 8, s. 106.
Marginal note:Notice of hearing

 A judge in respect of whom an inquiry or investigation under section 63 is to be made shall be given reasonable notice of the subject-matter of the inquiry or investigation and of the time and place of any hearing thereof and shall be afforded an opportunity, in person or by counsel, of being heard at the hearing, of cross-examining witnesses and of adducing evidence on his or her own behalf.

  • R.S., 1985, c. J-1, s. 64;
  • 2002, c. 8, s. 111(E).

Report and Recommendations

Marginal note:Report of Council
  •  (1) After an inquiry or investigation under section 63 has been completed, the Council shall report its conclusions and submit the record of the inquiry or investigation to the Minister.

  • Marginal note:Recommendation to Minister

    (2) Where, in the opinion of the Council, the judge in respect of whom an inquiry or investigation has been made has become incapacitated or disabled from the due execution of the office of judge by reason of

    • (a) age or infirmity,

    • (b) having been guilty of misconduct,

    • (c) having failed in the due execution of that office, or

    • (d) having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of that office,

    the Council, in its report to the Minister under subsection (1), may recommend that the judge be removed from office.

  • R.S., 1985, c. J-1, s. 65;
  • R.S., 1985, c. 27 (2nd Supp.), s. 5;
  • 2002, c. 8, s. 111(E).

Effect of Inquiry

  •  (1) [Repealed, R.S., 1985, c. 27 (2nd Supp.), s. 6]

  • Marginal note:Leave of absence with salary

    (2) The Governor in Council may grant leave of absence to any judge found, pursuant to subsection 65(2), to be incapacitated or disabled, for such period as the Governor in Council, in view of all the circumstances of the case, may consider just or appropriate, and if leave of absence is granted the salary of the judge shall continue to be paid during the period of leave of absence so granted.

  • Marginal note:Annuity to judge who resigns

    (3) The Governor in Council may grant to any judge found to be incapacitated or disabled, if the judge resigns, the annuity that the Governor in Council might have granted the judge if the judge had resigned at the time when the finding was made by the Governor in Council.

  • R.S., 1985, c. J-1, s. 66;
  • R.S., 1985, c. 27 (2nd Supp.), s. 6.

 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 5]

 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 6]

Inquiries concerning Other Persons

Marginal note:Further inquiries
  •  (1) The Council shall, at the request of the Minister, commence an inquiry to establish whether a person appointed pursuant to an enactment of Parliament to hold office during good behaviour other than

    should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

  • Marginal note:Applicable provisions

    (2) Subsections 63(3) to (6), sections 64 and 65 and subsection 66(2) apply, with such modifications as the circumstances require, to inquiries under this section.

  • Marginal note:Removal from office

    (3) The Governor in Council may, on the recommendation of the Minister, after receipt of a report described in subsection 65(1) in relation to an inquiry under this section in connection with a person who may be removed from office by the Governor in Council other than on an address of the Senate or House of Commons or on a joint address of the Senate and House of Commons, by order, remove the person from office.

  • R.S., 1985, c. J-1, s. 69;
  • 1992, c. 1, s. 144(F), c. 51, s. 28;
  • 1993, c. 34, s. 89;
  • 2002, c. 8, s. 107;
  • 2014, c. 39, s. 326.

Report to Parliament

Marginal note:Orders and reports to be laid before Parliament

 Any order of the Governor in Council made pursuant to subsection 69(3) and all reports and evidence relating thereto shall be laid before Parliament within fifteen days after that order is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • 1974-75-76, c. 48, s. 18;
  • 1976-77, c. 25, s. 15.

Removal by Parliament or Governor in Council

Marginal note:Powers, rights or duties not affected

 Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, a prothonotary of the Federal Court or any other person in relation to whom an inquiry may be conducted under any of those sections.

  • R.S., 1985, c. J-1, s. 71;
  • 2014, c. 39, s. 327.

PART IIIAdministration of Federal Judicial Affairs

Interpretation

Marginal note:Definitions

 In this Part,

Commissioner

commissaire

Commissioner means the Commissioner for Federal Judicial Affairs referred to in section 73; (commissaire)

Minister

ministre

Minister means the Minister of Justice of Canada. (ministre)

Commissioner for Federal Judicial Affairs

Marginal note:Commissioner for Federal Judicial Affairs

 There shall be an officer, called the Commissioner for Federal Judicial Affairs, who shall have the rank and status of a deputy head of a department and who shall be appointed by the Governor in Council after consultation by the Minister with the Council or such committee thereof as is named for the purpose by the Council.

  • 1976-77, c. 25, s. 17.
Marginal note:Duties and functions of Commissioner
  •  (1) It shall be the duty and function of the Commissioner, under the Minister, to

    • (a) act as the deputy of the Minister in performing all such duties and functions in relation to the administration of Part I as fall, by law, within the responsibility of the Minister;

    • (b) prepare budgetary submissions for the requirements of the Council;

    • (c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and

    • (d) do such other things as the Minister may require in connection with any matter or matters falling, by law, within the Minister’s responsibilities for the proper functioning of the judicial system in Canada.

  • Marginal note:Interpretation of subsection (1)

    (2) It is hereby declared for greater certainty that such of the duties and functions of the Minister as are, by paragraphs (1)(a) to (d), subject to be performed by the Commissioner do not form part of the duties and functions assigned to the Minister by the Department of Justice Act.

  • R.S., 1985, c. J-1, s. 74;
  • 2002, c. 8, s. 108.
 
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