Review Panel completes its review of a matter involving Justice Bernard Tremblay

Ottawa, March 4, 2025– A review panel established by the Canadian Judicial Council (Council) has completed its review and reached a decision in a matter involving Justice Bernard Tremblay of the Superior Court of Québec. 

The matter initially stemmed from a complaint lodged by the Honourable Marie-Anne Paquette, Chief Justice of the Superior Court of Québec. Having received information that a former staff member of the court had alleged after being informed of the termination of her employment that she had been sexually harassed, the Chief Justice found herself obligated to file a complaint with Council against Justice Tremblay. Justice Tremblay denied any sexual harassment.

The matter was referred to the Honourable Tracey DeWare, Chief Justice of the Court of King’s Bench of New Brunswick, as the designated reviewing member, pursuant to section 92 of the Judges Act. As part of her review of the matter, Chief Justice DeWare instructed the Council to retain the services of an investigator to gather further information about the matter, pursuant to Council’s Review Procedures (2023).

While the review of the complaint by the reviewing member was underway, other allegations of misconduct on the part of Justice Tremblay involving three additional individuals were brought to the attention of Chief Justice Paquette by third parties. The Chief Justice forwarded this new information to the Council, and the Council informed Chief Justice DeWare as the reviewing member. The latter provided this new information to the investigator, who also sought and succeeded in contacting the three women who would have been subject to misconduct.

After receiving Justice Tremblay’s comments and following her review of the matter, Chief Justice DeWare decided not to dismiss the complaint and to refer it to a review panel pursuant to section 95 of the Judges Act. 

An independent review panel comprised of one member of Council, Chief Justice Suzanne Duncan of the Supreme Court of Yukon, a puisne judge, Justice Marie-Claude Bélanger-Richard of the Court of King’s Bench of New Brunswick, and a member of the public, Mr. Pierre Riopel, was then created pursuant to section 98 of the Judges Act.

The review panel noted that Justice Tremblay behaved in an imprudent and thoughtless manner as a judge but added that none of the persons involved wished to lodge a complaint, that three of the four women made no real reproach of misconduct, and that the fourth did not provide any detail of the allegations. The review panel stressed that reluctance to file a complaint does not in itself justify the end of an investigation into judicial conduct, and that the Canadian Judicial Council has a duty to maintain public confidence in the administration of justice, as well as to ensure the integrity of the judiciary.  The review panel was of the view that while Justice Tremblay’s actions do not justify removal from office, they fall short of proper judicial conduct. 

Having considered the matter, the review panel therefore concluded that it is not justified to refer the complaint to a full hearing panel but that it also cannot simply dismiss the complaint in light of the Ethical Principles for Judges. The review panel stated that while judges are entitled to privacy, they remain judges at all times; the role of judge requires irreproachable conduct, and public confidence in the institution depends on it.

The review panel therefore decided to take two actions against Justice Tremblay pursuant to section 102 of the Judges Act. It issued a warning to Justice Tremblay, sending a clear and formal message that a similar situation must not reoccur in order to prevent more serious actions in the event of recurrence.  The review panel also imposed upon Justice Tremblay mentoring on the application of the Ethical Principles for Judges, with regard to conduct that reaches the highest level of respect and professionalism towards staff.

A copy of the review panel’s full decision is published on the Council’s website in accordance with the Council Publication of Judicial Conduct Decisions policy.

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