Canadian Judicial Council Inquiries and Investigations By-laws, 2015 (SOR/2015-203)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these By-laws.

Act

Act means the Judges Act. (Loi)

senior member

senior member means, in relation to a complaint or allegation, the longest-serving eligible member of the Judicial Conduct Committee who has not previously considered the matter or, if no Judicial Conduct Committee member is available, the longest-serving member of the Council who has not previously considered the matter. (doyen)

Establishment and Powers of a Judicial Conduct Review Panel

Marginal note:Establishment of Judicial Conduct Review Panel

• 2 (1) The Chairperson or Vice-Chairperson of the Judicial Conduct Committee, established by the Council in order to consider complaints or allegations made in respect of a judge of a superior court may, if they determine that a complaint or allegation on its face might be serious enough to warrant the removal of the judge, establish a Judicial Conduct Review Panel to decide whether an Inquiry Committee should be constituted in accordance with subsection 63(3) of the Act.

• Marginal note:Designation of members

  (2) The senior member designates the members of the Judicial Conduct Review Panel.

• Marginal note:Composition of Judicial Conduct Review Panel

  (3) The Judicial Conduct Review Panel is to be composed of five persons of which three are members of the Council, one is a puisne judge and one is a person who is neither a judge nor a member of the bar of a province.

• Marginal note:Serious matter

  (4) The Judicial Conduct Review Panel may decide that an Inquiry Committee is to be constituted only if it determines that the matter might be serious enough to warrant the removal of the judge.

• Marginal note:Matter sent back to Chairperson or Vice-Chairperson

  (5) If the Judicial Conduct Review Panel decides that no Inquiry Committee is to be constituted, it must send the matter back to the Chairperson or Vice-Chairperson of the Judicial Conduct Committee for them to make a decision on the most appropriate way to resolve it.

• Marginal note:Complainant informed

  (6) If the Judicial Conduct Review Panel decides that an Inquiry Committee is to be constituted, the Council’s Executive Director must inform the complainant, if any, by letter.

• Marginal note:Decision, reasons and statement of issues

  (7) The Judicial Conduct Review Panel must prepare written reasons and a statement of issues to be considered by the Inquiry Committee. The Council’s Executive Director must send a copy of the Judicial Conduct Review Panel’s decision, reasons and statement of issues to

  • (a) the judge and their Chief Justice;

  • (b) the Minister; and

  • (c) the Inquiry Committee, once it is constituted.

• Marginal note:Notice inviting Minister to designate members

  (8) The Council’s Executive Director must also send a notice to the Minister inviting that Minister to designate members of the bar of a province to the Inquiry Committee in accordance with subsection 63(3) of the Act.

Designating Members to Inquiry Committee

Marginal note:Designation of members

• 3 (1) An Inquiry Committee constituted in accordance with subsection 63(3) of the Act is composed of an uneven number of members designated by the senior member, the majority of whom are from the Council.

• Marginal note:Additional members

  (2) If the Minister does not designate any members within 60 days after the day on which the notice is received under paragraph 2(8), the senior member may designate additional Council members to the Inquiry Committee to complete its composition.

• Marginal note:Senior member chooses chair

  (3) The senior member also designates one of the members of the Inquiry Committee to chair the Committee.

• Marginal note:Persons not eligible to be members

  (4) The following persons are not eligible to be members of the Inquiry Committee:

  • (a) the Chairperson or Vice-Chairperson of the Judicial Conduct Committee who referred the matter to the Judicial Conduct Review Panel;

  • (b) a member of the same court as that of the judge who is the subject of the inquiry or investigation; and

  • (c) a member of the Judicial Conduct Review Panel who participated in the deliberations to decide whether an Inquiry Committee must be constituted.

Legal Counsel and Advisors

Marginal note:Persons to advise and assist

4 The Inquiry Committee may engage legal counsel and other persons to provide advice and to assist in the conduct of the inquiry.

Inquiry Committee Proceedings

Marginal note:Complaint or allegation

• 5 (1) The Inquiry Committee may consider any complaint or allegation pertaining to the judge that is brought to its attention. In so doing, it must take into account the Judicial Conduct Review Panel’s written reasons and statement of issues.

• Marginal note:Sufficient notice to respond

  (2) The Inquiry Committee must inform the judge of all complaints or allegations pertaining to the judge and must give them sufficient time to respond fully to them.

• Marginal note:Comments from judge

  (3) The Inquiry Committee may set a time limit to receive comments from the judge that is reasonable in the circumstances, it must notify the judge of that time limit, and, if any comments are received within that time limit, it must consider them.

Marginal note:Public or private hearing

• 6 (1) Subject to subsection 63(6) of the Act, hearings of the Inquiry Committee must be conducted in public unless, the Inquiry Committee determines that the public interest and the due administration of justice require that all or any part of a hearing be conducted in private.

• Marginal note:Prohibition of publication if not in public interest

  (2) The Inquiry Committee may prohibit the publication of any information or documents placed before it if it determines that publication is not in the public interest and may take any measures that it considers necessary to protect the identity of persons, including persons who have received assurances of confidentiality as part of the consideration of a complaint or allegation made in respect of the judge.

Marginal note:Principle of fairness

7 The Inquiry Committee must conduct its inquiry or investigation in accordance with the principle of fairness.

Inquiry Committee Report

Marginal note:Report of findings and conclusions

• 8 (1) The Inquiry Committee must submit a report to the Council setting out its findings and its conclusions about whether to recommend the removal of the judge from office.

• Marginal note:Copy of report and notice to complainant

  (2) After the report has been submitted to the Council, its Executive Director must provide a copy to the judge and to any other persons or bodies who had standing in the hearing. He or she must also notify the complainant, if any, when the Inquiry Committee has made the report.

• Marginal note:Hearing conducted in public

  (3) If the hearing was conducted in public, the report must be made available to the public and a copy provided to the complainant, if any.

Judge’s Response to Inquiry Committee Report

Marginal note:Written submission by judge

• 9 (1) Within 30 days after the day on which the Inquiry Committee’s report is received, the judge may make a written submission to the Council regarding the report.

• Marginal note:Extension

  (2) On the judge’s request, the Council must grant an extension of time for making the submission if it considers that the extension is in the public interest.

Deliberations of Council Concerning Removal of Judges from office

Marginal note:Senior member chairs meetings

• 10 (1) The senior member who is available to participate in deliberations concerning the removal from office of a judge is to chair any meetings of Council related to those deliberations.

• Marginal note:Quorum

  (2) A quorum of 17 members of the Council is required when it meets to deliberate the removal from office of a judge.

• Marginal note:Quorum — death, incapacity, resignation or retirement

  (3) In the event of the death, incapacity, resignation or retirement of a member during the deliberations, the remaining members constitute a quorum.

• Marginal note:Vote in event of tie

  (4) During the deliberations of the Council concerning the removal from office of a judge, the member chairing the meeting may vote in respect of a report of the Council’s conclusions on the matter only in the event of a tie.

• Marginal note:Deliberations

  (5) Deliberations of the Council concerning the removal from office of a judge may also be held by audio-conference or by video conference.

Consideration of Inquiry Committee Report by Council

Marginal note:Consideration of report and written submissions

• 11 (1) The Council must consider the Inquiry Committee’s report and any written submission made by the judge.

• Marginal note:Who must not participate

  (2) Persons referred to in subsection 3(4) and members of the Inquiry Committee must not participate in the Council’s consideration of the report or in any other deliberations of the Council related to the matter.

Marginal note:Clarification

12 If the Council is of the opinion that the Inquiry Committee’s report requires a clarification or that a supplementary inquiry or investigation is necessary, it may refer all or part of the matter back to the Inquiry Committee with directions.

Council Report

Marginal note:Report of conclusions to Minister

13 The Council’s Executive Director must provide the judge with a copy of the report of its conclusions that the Council presented to the Minister in accordance with section 65 of the Act.

Transitional Provision

14 Despite these By-laws, the Canadian Judicial Council Inquiries and Investigations By-laws, as they read immediately before the day on which these By-laws come into force, continue to apply in respect of any inquiries or investigations being conducted by a Review Panel or an Inquiry Committee or the Council acting under section 11 or 12, that were commenced under those By-laws.

Repeal

15 [Repeal]

Coming into Force

16 These By-laws come into force on the day on which they are registered.