Appeal motion in the case of Justice Cosgrove
OTTAWA, 2 December 2005 - The Attorney General of Canada has filed a motion on 22nd November 2005 to appeal a decision of the Federal Court. In that decision, released on 26 October 2005, Madam Justice Mactavish ruled that subsection 63(1) “represents an unjustifiable interference with the independence of the judiciary” and is therefore invalid in regard to the power of a provincial attorney general to require that an inquiry be held into the conduct of a judge.
Given the appeal, the matter will remain in abeyance until a decision is made by the Federal Court of Appeal.
The Canadian Judicial Council is composed of the chief justices and associate chief justices of Canada’s superior courts. The Council’s web site address is: http://www.cjc-ccm.gc.ca
Contact: Norman Sabourin, Executive Director and General Counsel, 613-288-1566.