The complainant alleged that the judge demonstrated bias against him at a settlement conference in family court, that she spoke to him in a tone sharply different from that used to address his wife and that she used intimidating body language

20030001 - The complainant alleged that the judge demonstrated bias against him at a settlement conference in family court, that she spoke to him in a tone sharply different from that used to address his wife and that she used intimidating body language. He also claimed that the judge told him he had no right to inquire about his wife’s new boyfriend when she expressed an intention to move with that man to another city. The complainant also stated that the judge did not order mediation when she had the power to do so.

The complainant, his wife and their children — each party represented by a lawyer — attended a settlement conference in an attempt to avoid going to trial on an issue of family law. At that conference, for the first time, the complainant learned that his wife planned to move to another city. The complainant manifested some confusion about the powers of the judge to order mediation in the absence of consent.

The judge and participating lawyers were asked to comment in writing on the allegations. The judge denied that she had spoken inappropriately or had demonstrated bias, though she had advised the parties of the expense involved in going to trial. As for mediation, it was not within her power to order this in the absence of consent. The complainant’s lawyer stated that his client’s frustration with the judge’s conduct was justified although with respect to tone of voice, the lawyer did not observe any difference. Other participants did not observe any cause for complaint in tone or behaviour.

The Chairperson of the Judicial Conduct Committee concluded that the judge had not acted improperly during the settlement conference. Moreover, he found that even if the judge had made the alleged statement regarding the wife’s boyfriend, it would not have constituted abuse of authority or incapacitated or disabled her from performing the duties of a judge, particularly as it had been in the context of a settlement conference. The Council informed the complainant of its findings and closed the file. Like many cases that come before the Canadian Judicial Council, this one emerges from the emotional cauldron of a family law dispute, though not from a trial but from a settlement conference. It illustrates well the typical process for handling complaints.