Next steps announced for the Inquiry Committee about Associate Chief Justice Lori Douglas of Manitoba

Ottawa, 7 September 2011 - The Canadian Judicial Council provided some information today about the Inquiry Committee established in regard to Associate Chief Justice Lori Douglas of the Manitoba Court of Queen's Bench.

The Inquiry Committee is made up of five members: three Chief Justices who have been appointed by the Canadian Judicial Council and two lawyers who have been appointed by the Minister of Justice. The members are: the Honourable Catherine Fraser, Chief Justice of Alberta (Chairperson); the Honourable Warren Winkler, Chief Justice of Ontario; the Honourable Jacqueline Matheson, Chief Justice of the Supreme Court of Prince Edward Island; Mr Barry Adams, of the law firm Chown Cairns; and Ms Marie-Claude Landry of the law firm Landry, Boucher & Associés.

In accordance with the Council's Bylaws, an Independent Counsel has also been appointed to present the case to the Inquiry Committee: Mr Guy Pratte, of the law firm Borden Ladner Gervais. The mandate of Independent Counsel is to act in the public interest to present the case to the inquiry committee.

Under the Judges Act, the Inquiry Committee is deemed to be a Superior Court. The committee will decide, in the coming weeks, when it will convene to hear this matter. Inquiry Committee hearings are normally held in public, although private hearings are possible if required in the public interest and the due administration of justice. The Committee will also decide on the scope of its inquiry.

The mandate of the Inquiry Committee is to review all the issues and submit a report to the Canadian Judicial Council, presenting its findings and conclusions on whether or not a recommendation should be made for the removal of the judge from office. The Council will then make a recommendation to the Minister of Justice regarding the judge's ability to remain in office.

Further details about the inquiry, including dates of hearings and matters of procedure, will be communicated on the Council's website as soon as the information is available.

Information about the Council, including the process for public inquiries, can be found on the Council's website at www.cjc-ccm.gc.ca.

Contact
Norman Sabourin, Executive Director and Senior General Counsel
(613) 288-1566

Background Information:

Complaints:

When someone believes that a judge's personal conduct (on or off the bench) is in question, a complaint may be made to the Canadian Judicial Council. When a complaint is determined to have some merit, the question before the Council is ultimately whether or not that conduct prevents that judge from continuing to discharge his or her duties. The reasons for removal are set out in the Judges Act and address cases where a judge has become incapacitated or disabled from performing their duties by reason of age or infirmity, misconduct, a failure to execute the duties of the position, or being in a position incompatible with the functions of a judge.

All complaints received by the Canadian Judicial Council are reviewed in accordance with Council's Complaints Procedures. A complaint is first reviewed by a member of the Judicial Conduct Committee. The judge in question, as well as the judge's chief justice, may be asked to comment on the allegations. If the complaint cannot be resolved at that stage, the file can be referred to a Panel of up to five judge for further review. After careful consideration, the Panel may close the file with an expression of concern if warranted or may recommend that the judge pursue counselling or other remedial measures.

After reviewing the matter and conducting various enquiries, the Panel may also conclude that the complaint may be serious enough to warrant a judge's removal and that an Inquiry Committee be constituted to formally investigate the matter.

Inquiries:

An Inquiry Committee consists of an uneven number of members, the majority of which are Council members, along with other individuals, appointed by the Minister of Justice who are lawyers with a minimum of ten years experience. An independent lawyer is appointed to present the facts to the Committee which exercises the same authority and powers as a superior court . It is expected that any hearing of the Inquiry Committee would be conducted in public, unless the Inquiry Committee determines that the public interest requires that all or part of a hearing be conducted in private.

An Inquiry Committee has complete responsibility for, and control over, the scope and depth of its inquiry into the conduct of a judge. At the outset and over the course of the hearings, it relies heavily upon Independent Counsel to ensure that all relevant evidence is gathered, marshalled, presented and tested at its hearings. Prior to the hearings, Independent Counsel should advise the Committee and the Judge of the "case" Counsel intends to present, including the evidence and witnesses to be called.

The central purpose for establishing the position of Independent Counsel is to permit such counsel to act at "arm's length" from both the Canadian Judicial Council and the Inquiry Committee. This allows Independent Counsel to present and test the evidence forcefully, without reflecting any predetermined views of the Committee or the Council. The Inquiry Committee relies on Independent Counsel to present the evidence relevant to the allegations against the judge in a full and fair manner.

After completing its investigation, the Inquiry Committee will report its findings to Council. While Council accords considerable deference to the Inquiry Committee, it will then report its own recommendations to the Minister of Justice.

In accordance with the provisions of Canada's Constitution, a judge may only be removed from office after a joint address by Parliament.

Since 1971, there have been eight Inquiry Committees the results of which are detailed on the Council's website at www.cjc-ccm.gc.ca