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Ottawa, October 23 2002

Inquiry Committee will deal with complaint against Justice Bernard Flynn of the Superior Court of Quebec

OTTAWA, October 23, 2002 – The Canadian Judicial Council today announced that an Inquiry Committee has been established at the direction of the Attorney General of Quebec to look into the conduct of Mr. Justice Bernard Flynn of the Superior Court of Quebec.

Attorney General Paul Bégin sought an inquiry pursuant to ss.63(1) of the Judges Act in the light of comments attributed to Mr. Justice Flynn in Le Devoir of February 23, 2002, about the sale of assets of L’Ile-Dorval to local residents. The Attorney General asked the Council to determine whether, by speaking out in the circumstances, the judge has become, pursuant to paragraph 65(2)(c) of the Act, ‘incapacitated or disabled from the due execution of the office of judge by reason of having failed in the due execution of that office’.

The Canadian Judicial Council must hold an inquiry into a complaint about a judge when requested to do so by the Attorney General of a province or the Minister of Justice of Canada pursuant to ss. 63(1) of the Judges Act.

The Inquiry Committee is chaired by the Honourable Joseph Daigle, Chief Justice of New Brunswick. Other members are the Honourable Alban Garon, Chief Judge of the Tax Court of Canada, and Mr. Paul Bédard of Gowling Lafleur Henderson LLP of Montréal, who has been designated as a member of the Inquiry Committee by the Honourable Martin Cauchon, Minister of Justice of Canada.

Mr. L. Yves Fortier, Q.C., of Ogilvy Renault, Montreal, has been appointed Independent Counsel for the inquiry. Counsel for Mr. Justice Flynn is Mr. Gérald Tremblay of McCarthy Tétrault LLP.

The Inquiry Committee has the powers of a superior court. It will hold its hearing in Room 15.03 of the Montreal Court House on Monday, October 28, 2002 commencing at 9:30 a.m.

At the conclusion of its work the Inquiry Committee will report to the Canadian Judicial Council. The Council will then formulate its own recommendation to the Minister of Justice as to whether the judge should be removed, or not be removed, from his judicial office. Both the report of the Inquiry Committee and the report of the Council will be submitted to the Minister and made publicly available.

Information about the Council’s mandate and process for dealing with complaints regarding judges can be found at its web site http://www.cjc-ccm.gc.ca/english/about_en.asp?selMenu=about_main_en.asp.

Contact

Jeannie Thomas 
Executive Director 
(613) 998-5182

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