Government of Canada / Gouvernement du Canada
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Judges Act

Version of section 63 from 2003-07-02 to 2023-06-21:

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

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