A review panel of the Canadian Judicial Council reaches a decision in a matter involving the Honourable Frederick P. Ferguson
Ottawa, August 11, 2026 – A review panel constituted by the Canadian Judicial Council (Council) has completed its review and reached a decision in a matter involving Justice Frederick P. Ferguson of the Court of King’s Bench of New Brunswick. The matter stemmed from a complaint alleging misconduct on the part of Justice Ferguson in a range of circumstances, including cases over which he presided and the complainant appeared as counsel.
Following a review of the complaint by a screening officer, the matter was referred to the Honourable Shane I. Perlmutter, Associate Chief Justice of the Court of King’s Bench of Manitoba, as the designated reviewing member in this matter. Following his own review of the file, Associate Chief Justice Perlmutter 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 (2025).
After a thorough consideration of the matter, the review panel concluded there was no reasonable basis on which Justice Ferguson’s removal from office could be justified in the circumstances. The review panel further determined that all but one aspect of the complaint should be dismissed. The substantiated allegation concerns a conversation Justice Ferguson had with an associate lawyer employed by the complainant, discussing evidence being collected for apparent use in a pending recusal motion to be brought before Justice Ferguson. The panel noted Justice Ferguson should not have been engaging in any private conversation with a lawyer concerning matters that were before the courts, particularly ones that he would be deciding.
The review panel concluded that two measures under section 102 of the Judges Act were appropriate in the circumstances. The panel issued a public expression of concern about Justice Ferguson’s conversation with the lawyer and further ordered Justice Ferguson to issue an apology to the lawyer, in writing, within 60 days of the release of the panel’s decision, with a copy of that apology being sent to the Council. The panel noted the measures recognized the nature of the conduct and the potential loss of public confidence in the integrity of the judiciary, along with the mitigating circumstances in favour of Justice Ferguson, including the fact that he readily acknowledged the inappropriate nature of his conversation with the associate lawyer.
The review panel was comprised of the Honourable Chief Justice Michael Wood, Chief Justice of Nova Scotia, the Honourable Justice William Goodridge, of the Supreme Court of Newfoundland and Labrador, and a member of the public, Ms. Mary Kloosterman.
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 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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