New Independent Counsel appointed in the matter concerning the Honourable Lori Douglas

Ottawa, 27 September 2012 –The Canadian Judicial Council has announced the appointment of a new Independent Counsel in the matter concerning the Honourable Lori Douglas.

The Honourable Neil Wittmann, Vice-Chairperson of the Judicial Conduct Committee of Council, has appointed Ms Suzanne Côté, a partner at Osler, Hoskin & Harcourt LLP, to serve as Independent Counsel in accordance with the By-laws of the Council. The appointment is effective immediately.

The mandate of Independent Counsel is to present the case to the Inquiry Committee reviewing this matter. This means ensuring all allegations made against the judge can be considered by the Inquiry Committee. All relevant evidence, both favourable and unfavourable to the judge, must be presented so that clear conclusions can be drawn about the judge's ability to discharge the duties of judicial office. All this evidence must be disclosed to the judge, who has a right to be heard at the hearing, to cross-examine witnesses and to adduce evidence on her own behalf.

Independent Counsel are expected to act within the parameters of the mandate given at the time of appointment. However, once appointed, they receive no instructions in regard to the allegations against the judge. They decide, in their own judgement, how to present the case and conduct themself, in keeping with the public interest.

To preserve the integrity of the process, and in accordance with our By-laws and Policies, a certain number of Council members take no part in any of the proceedings leading up to, and including, the proceedings before the Inquiry Committee. Chief Justice Wittmann, who in his capacity of Vice-chairperson of the Judicial Conduct Committee of Council first reviewed this matter when a complaint was received by the Council, continues to be responsible for certain aspects of the procedure, including the appointment of Independent Counsel. In discharging his duties in this respect, Chief Justice Wittmann acts alone and takes no direction from the Inquiry Committee or from other Council members.

This clear division of responsibilities, within the Canadian Judicial Council, ensures that the review of allegations against judges remains fair at all times. When an Inquiry Committee completes its work, only Council members who have not participated in the process until that time are called upon to review the matter and make a report to the Minister of Justice.

Contact: 
Norman Sabourin
Executive Director and Senior General Counsel
(613) 288-1566 ext 313