Canadian Judicial Council Establishes the Inquiry Committee in the case of Justice Paul Cosgrove

Ottawa, 17 August 2004 – The Canadian Judicial Council released today the details about the Inquiry Committee established to investigate the conduct of Mr Justice Paul Cosgrove, of the Ontario Superior Court of Justice. The Committee has been established further to a request made by the Attorney General of Ontario.

The Chair of the Judicial Conduct Committee of the Council, the Honourable Richard Scott, Chief Justice of Manitoba, appointed three judicial members to the Inquiry Committee. The Minister of Justice, the Honourable Irwin Cotler, appointed two senior lawyers to sit on the Committee. Committee members are:

• The Honourable Lance Finch, Chief Justice of British Columbia (Chairperson);
• The Honourable Michael MacDonald, Associate Chief Justice, Supreme Court of Nova Scotia;
• The Honourable Allan Wachowich, Chief Justice, Court of Queen's Bench of Alberta;
• Ms Sheila Block, of the law firm Torys in Toronto;
• Mr John Nelligan, of the law firm Nelligan O'Brien Payne in Ottawa.

An independent counsel has also been appointed to present the case to the Inquiry Committee. He is Mr Earl Cherniak of the law firm Lerners in Toronto. His mandate is to act in the public interest and to bring all the relevant facts and points of law to the Committee for its consideration. Mr Justice Cosgrove will be represented by Mr Chris Paliare of the law firm Paliare Roland in Toronto.

The Committee is expected to discuss a timetable for hearing this matter. Once a date is set for a hearing, it will be publicly announced. Hearings are normally held in public. After the inquiry is concluded, the Committee will report its findings to the Canadian Judicial Council. The Council will then determine whether to recommend to the Minister of Justice that Mr Justice Cosgrove be removed from office. In accordance with Canada's Constitution, a judge may be removed from office only through a joint resolution of Parliament. The Council's mandate, under the Judges Act , is to make a recommendation in that regard.

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