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Judges Act (R.S.C., 1985, c. J-1)

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Act current to 2024-02-06 and last amended on 2023-06-22. Previous Versions

PART IVConduct Review Process (continued)

DIVISION 1Complaints Concerning Judges (continued)

General (continued)

Marginal note:Independent review of financial provisions

  •  (1) Within 18 months after the day on which the first report is submitted under section 160 and on every fifth anniversary of that day, the Council shall cause an independent review of the application of sections 144 to 146 to be conducted. The review is to be conducted by a person or body designated by the Commissioner in consultation with the Council.

  • Marginal note:Report

    (2) The person or body conducting the review shall provide a report of their findings and recommendations to the Minister, the chairperson of the Council and the Commissioner. The report shall include a finding on whether sections 144 to 146 have been applied in a manner consistent with best practices regarding financial controls.

  • Marginal note:Report to be made public

    (3) The Council shall make the report public with any redactions that the Commissioner and chairperson of the Council jointly consider necessary to protect confidential or personal information.

DIVISION 2Requests Concerning Judges

Marginal note:Request

 The Minister or the attorney general of a province may request that the Council establish a full hearing panel to determine whether the removal from office of a judge of a superior court is justified.

Marginal note:Establishment

  •  (1) Subject to subsection (2), on receipt of the request, the Council shall establish a full hearing panel in accordance with section 117 to consider the request.

  • Marginal note:Direction to consider new request

    (2) If a full hearing panel established to consider a previous request made under section 148 or to review a complaint made under section 101 or 112 involving the same judge has not yet made a decision in respect of the previous request or the complaint, the Council may direct the full hearing panel to also consider the new request.

Marginal note:Application of sections 119 to 143

 Sections 119 to 143 apply, with any necessary modifications, in respect of the request and all proceedings arising from it.

DIVISION 3Requests Concerning Office Holders

Marginal note:Removal from office

 For the purposes of this Division, the removal from office of a person appointed under an Act of Parliament to hold office during good behaviour, other than a judge, is justified only if, for any of the following reasons, the person’s continuation in office would undermine public confidence in the integrity of the person or of their office to such an extent that it would render the person incapable of executing the functions of their office:

  • (a) infirmity;

  • (b) misconduct;

  • (c) failure in the due execution of their office;

  • (d) the person has been placed in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of their office.

Marginal note:Request

 The Minister may request that the Council establish a full hearing panel to determine whether the removal from office of a person referred to in section 151 is justified.

Marginal note:Establishment

 On receipt of the request, the Council shall establish a full hearing panel in accordance with section 117 to consider the request.

Marginal note:Application of sections 119 to 125 and 127 to 143

 Sections 119 to 125 and 127 to 143 apply, with any necessary modifications, in respect of the request and all proceedings arising from it.

Marginal note:Removal from office

  •  (1) On receipt of a report provided under subsection 139(1) containing a recommendation that a person be removed from office, the Governor in Council, may, on the recommendation of the Minister, by order, remove the person from office if the person is a person who may be removed from office by the Governor in Council other than on address of the Senate or House of Commons or joint address of the Senate and House of Commons.

  • Marginal note:Orders and reports laid before Parliament

    (2) If an order is made under subsection (1), a copy of the order and a copy of the report relating to the order must be laid before each House of Parliament within 15 days after the day on which the order is made or, if either House is not then sitting, on any of the first 15 days on which that House is sitting.

Marginal note:Leave of absence with salary

 The Governor in Council may, for any period that the Governor in Council considers appropriate, grant leave of absence to any person, other than a judge, whose removal from office is recommended because of infirmity in a report provided under subsection 139(1) and, if leave of absence is granted, the person’s salary is to continue to be paid during the period of leave of absence.

DIVISION 4General

Marginal note:Powers, rights and duties not affected

 Nothing in, or done or omitted to be done under the authority of, this Part affects any power, right or duty of the Senate, the House of Commons or the Governor in Council in relation to the removal from office of a judge or any other person.

Marginal note:Decision final

 A decision made by a member of the Council under any of Divisions 1 to 3 or by a member of a panel established under any of those Divisions is final and is not to be questioned or reviewed in any court other than provided for in this Part.

Marginal note:Remote appearance

 For greater certainty, any proceedings or hearings under this Part may take place by remote appearance.

Marginal note:Annual report

  •  (1) The Council shall, within three months after the end of each calendar year, submit a report to the Minister setting out, in respect of the year, the number of

    • (a) complaints received;

    • (b) complaints dismissed by a screening officer;

    • (c) complaints dismissed by a reviewing member;

    • (d) complaints reviewed by review panels, hearing panels and appeal panels; and

    • (e) complaints in respect of which any of the actions referred to in paragraphs 102(a) to (g) were taken.

  • Marginal note:Report to be made public

    (2) After the annual report is submitted to the Minister, the Council shall make it public.

 

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