Canadian Judicial Council completes review of matter involving the Honourable Arthur Doyle
Ottawa, December 19, 2024 – A review panel constituted by the Canadian Judicial Council (Council) has completed its review and reached a decision in a matter involving Justice Arthur Doyle of the Court of King’s Bench of New Brunswick. The matter stemmed from a complaint made by two members of the public related to a settlement conference over which Justice Doyle presided. The complainants alleged that Justice Doyle had an undisclosed, previous professional relationship with parties to the settlement conference that raised a reasonable apprehension of bias.
Following a review of the complaint by a screening officer, the matter was referred to the Honourable Kenneth Nielsen, Associate Chief Justice of the Court of King’s Bench of Alberta, as the designated reviewing member in this matter. Following his own review of the file, Associate Chief Justice Nielsen referred it to a review panel pursuant to section 95 of the Judges Act, and section 7.11(b) of the Council’s Review Procedures (2023).
After a thorough consideration of the matter, the review panel concluded that there was no basis on which Justice Doyle’s removal from office could be justified in the circumstances. The panel considered, however, that even though Justice Doyle had made an honest mistake thinking that the professional relationship did not warrant disclosure to the parties given the time that had elapsed since the relationship had passed and the fact the relationship had been minor, the Ethical Principles for Judges make it clear that impartiality requires not only the absence of bias and prejudgment, but also the absence of any appearance of partiality. The panel highlighted however various mitigating factors, including the fact that at no time did Justice Doyle intend to mislead; that his intention was to conduct a fair proceeding outside of an urban setting where it can be difficult to find judges, counsel and parties who have not had previous dealings with each other; and Justice Doyle’s acknowledgment of the perception of the issue. The review panel therefore concluded that an action of a private nature pursuant to section 102 of the Judges Act was appropriate in the circumstances.
The Review Panel was comprised of the Honourable Associate Chief Justice Rosalie McGrath of the Supreme Court of Newfoundland and Labrador, the Honourable Justice L. Bernette Ho of the Court of Appeal of Alberta, and a member of the public, Mr. Curtis Kleisinger.
A copy of the review panel’s full decision can be accessed from the Council’s website.
About the Canadian Judicial Council
The Council was created in 1971 by the Canadian Parliament to maintain and improve the quality of judicial services in Canada's superior courts. It has the power and duty to investigate complaints into the conduct of federally appointed judges. The Council is also responsible for the continuing education of judges, as well as for developing other tools and programs to maintain public confidence in the judicial system.
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Contact :
Krista Ferraro
Director of Communications and Strategic Issues Management
Canadian Judicial Council
info@cjc-ccm.ca