January 1 2007

The Chief Justice of a superior court filed a complaint against a judge who was convicted of an impaired driving offence

20070001 - The Chief Justice of a superior court filed a complaint against a judge who was convicted of an impaired driving offence. He viewed the judge’s conduct as inappropriate and unbecoming the honour and dignity of the judge’s office.

The judge unreservedly acknowledged that his conduct was inappropriate and that it may have tarnished the judiciary’s reputation. He pleaded guilty to the criminal charges, accepted the recommended sentence without any question, and took steps to ensure that he would not re-offend. Given that the judge was a respected jurist who enjoyed the full confidence of his peers and other legal professionals, the Vice-chairperson of the Judicial Conduct Committee determined that the judge would still be able to perform his functions fairly and impartially. People who are dissatisfied with the outcome of their case before the Court sometimes make a complaint to the Council. While the Council has authority to review judicial conduct issues, it does not have authority to review judicial decisions, findings of fact and law by judges, or how the judges came to their conclusions. That is a matter for Courts of Appeal. The Council’s limited jurisdiction in such matters is described in the following complaint.

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