Cosgrove Inquiry Releases Decision on Constitutional Challenge

Ottawa, 16 December 2004

The Inquiry Committee convened by the Canadian Judicial Council to investigate the conduct of Mr. Justice Cosgrove today unanimously rejected a constitutional challenge raised by Judge Cosgrove during hearings on December 8 and 9.

The Committee found that section 63(1) of the Judges Act (which empowers the Attorney General of a province to request in inquiry into the conduct of a federal judge) does not offend the principle of judicial independence, and that section 2(b) of  the Canadian Charter of Rights and Freedoms has no application in the circumstances of this case.  The Committee noted that attorneys general occupy a unique position in the Canadian legal system, and that “judges are not immune from the legitimate interests of the executive and legal branches of the government in ensuring the due administration of justice.”

The complete text of the Committee’s reasons is  posted on the Council’s website.

The Canadian Judicial Council is composed of the chief justices and associate chief justices of Canada’s superior courts.  Information about the Council is available at: http://www.cjc-ccm.gc.ca .  

Contact: Norman Sabourin, Executive Director and General Counsel, 613-949-2246