Canadian Judicial Council Releases Report on Boilard Inquiry

OTTAWA, December 23, 2003 - The Canadian Judicial Council today released its report on an inquiry into the conduct of Mr. Justice Jean-Guy Boilard of the Quebec Superior Court who had recused himself from a trial in July 2002.

The Council determined that the decision by Mr. Justice Boilard to recuse himself from the Beauchamp "bikers" case following receipt of a critical letter from a Panel of the Council was "made by him in his capacity as a judge sitting in a judicial proceeding and is a 'discretionary judicial decision'." As such, the Council accepted the explanation of the judge and his counsel that he had acted in "good faith and with due and proper consideration of the issues."

"Except where a judge has been guilty of bad faith or abuse of office, a discretionary judicial decision cannot form the basis … of misconduct, or failure or incompatibility in due execution of office … Exercise of a judicial discretion is at the heart of judicial independence," the Council noted in its report.

On December 6, the Council held an extraordinary open session in Ottawa to hear counsel for Mr. Justice Boilard respond to the Inquiry Committee report, the first such meeting in the Council's 32 year history. Presentations were also made by counsel for the Attorney General of Quebec and the Inquiry Committee's independent counsel.

The Council came to a different decision from the Inquiry Committee which had found Mr. Justice Boilard's decision to recuse himself mid-trial to be 'improper.' The Council agreed with the Inquiry Committee that there was no reason to recommend removal of Mr. Justice Boilard from office.

The Council's report to the Minister of Justice is attached and may also be found on the Council's web site at http://www.cjc-ccm.gc.ca/

Attach.

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Ms. Jeannie Thomas
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