In the Provincial Court and Family Court

The following information is relevant to provincially-appointed Judges - those judges in Nova Scotia who sit on the Provincial Court and the Family Court.

For similar information particular to federally-appointed judges - those judges in Nova Scotia who sit on the Court of Appeal and Supreme Court, click here >>

 

About Judicial Conduct

Every year Nova Scotia's Provincial and Family Court Judges make thousands of decisions on matters that range from procedural questions to the most basic interests of those appearing before them.

When one side or the other in a legal dispute thinks that the Judge has come to the wrong decision, our system of justice allows that person to appeal to a higher Court. Appeal Courts can reverse or vary decisions of other Judges.

However, the fact that an appeal Court has overturned a Judge’s decision does not mean that the Judge’s conduct or behaviour was improper.

Whether Judges are correct or incorrect in their decisions, a high standard of professional conduct is expected of them. When someone believes that a Judge’s conduct or behaviour is of serious concern, or that a Judge is not fit to be on the bench, here too our system of justice allows that person recourse.

 

A Judge's Decision vs. A Judge's Conduct

There is a difference between
the "DECISION" of a Judge
and
the "CONDUCT" of a Judge.

If you disagree with a Judge's "DECISION", you may appeal it to a higher Court.
When one side or the other in a legal dispute thinks the Judge has made a wrong decision, they may ask a higher Court to review that decision. This Appeal Court may or may not reverse the first Judge’s decision. But regardless of whether or not their decisions are reversed on appeal, we demand a very high standard of personal conduct on the part of Judges.

If you are concerned about a Judge's "CONDUCT", you may file a complaint.
In Nova Scotia, if you have a complaint about the conduct of a Provincial Court Judge or a Family Court Judge - inside or outside the courtroom - you may submit a written complaint.

Examples of judicial misconduct include:
• gender or racial bias
• conflict of interest with one of the parties
• neglect of duty

 

How Do I Complain...?

...about the conduct of a Provincial Court Judge or a Family Court Judge

Send your complaint in writing to:

Chief Judge of the Provincial & Family Courts
Halifax Provincial Court
5250 Spring Garden Road
Halifax, NS
B3J 1E7

 

...about the Chief Judge or the Associate Chief Judge of the Provincial or Family Courts

Send your complaint in writing to:

Chief Justice of Nova Scotia
The Law Courts
1815 Upper Water Street
Halifax, NS
B3J 1S7

 

...about the conduct of:

• Judges of Nova Scotia Court of Appeal
• Supreme Court of Nova Scotia
• Supreme Court (Family Division)

These Judges are appointed by the federal government. You must direct any complaint concerning the conduct of federally-appointed Judges to:

The Canadian Judicial Council
150 Metcalfe Street
15th Floor
Ottawa, Ontario
K1A 0W8

 

What Must Be Written in the Complaint?

A complaint must include:

• the name of the judge about whom you have a complaint
• the date, time, and place of the Court hearing or circumstances from which your complaint   arises
• as much detail as possible about the conduct of the judge
• a statement about why you think the judge’s conduct was wrong
• your name and signature
• an address and phone number where you can be reached

 

The Complaints Process

The Chief Judge may:

• dismiss the complaint if it is vexatious, frivolous, or questions the decision of the judge
• resolve the complaint
• refer the complaint to the Judicial Council for further investigation

If the complaint is referred by the Chief Judge to the Judicial Council ....

The Nova Scotia Judicial Council is made up of Judges, lawyers, and community members. It reviews complaints about the conduct of provincially-appointed Judges that are referred from the Chief Judge’s office. It may investigate the complaint, resolve the complaint, dismiss the complaint, or hold a hearing.

If the Council concludes that there was misconduct, it will determine appropriate disciplinary measures.

If the Council decides there has been no judicial misconduct, the complaint will be dismissed. The complainant will receive a letter outlining the reasons for the dismissal.

The complainant will always be advised of any decision made by the Judicial Council and decisions coming out of hearings of the Judicial Council are made public.

The Judicial Council cannot:

• overturn or change the decision of a Judge
• grant appeals
• address demands for a new trial
• compensate individuals

The Judicial Council cannot investigate:

• general complaints about the Courts or the Judiciary as a whole
• complaints about unnamed Judges
• complaints about Court employees or lawyers
• complaints about Judges appointed by the federal government

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