In the Court of Appeal and Supreme Court

The following information is relevant to federally-appointed Judges - those Judges in Nova Scotia who sit on the Court of Appeal and the Supreme Court.

For similar information particular to provincially-appointed judges - those judges in Nova Scotia who sit on the Provincial Court and the Family Court, click here>>

 

Altogether, there are 49 federally-appointed Judges in Nova Scotia's Court of Appeal and Supreme Court. Across Canada, there are a total of 1,200. Details of how many are in each Court in each province can be found at the Commissioner of Federal Judicial Affairs website.

 

About Judicial Conduct

Every year Canada’s federally-appointed Judges make hundreds of 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 the decision 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. In this case, if the Judge sits on Nova Scotia's Court of Appeal or Supreme Court, he/she can file a complaint with the Canadian Judicial Council.

 

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 Justice of the Court of Appeal

Send your complaint in writing to:

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

 

...about the conduct of a Justice of the Supreme Court

Send your complaint in writing to:

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

 

...about the conduct of a Chief or Associate Chief Justice
of the Court of Appeal or the Supreme Court

Send your complaint in writing to:

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

 

What Must Be Written in the Complaint?

1. Your name and address
2. The Judge's name
3. The Court (Appeal, Supreme)
4. The date and circumstances of the conduct you wish to complain about
5. A description of the alleged misconduct, with as much detail as possible

 

The Complaint Process

You may file a written complaint if you believe that a Judge’s conduct is improper, on or off the bench, including conduct toward anyone involved in a case before that Judge. There are no required forms. You need not be represented by a lawyer. There are no prescribed deadlines. There is no cost to you.

The Council examines every complaint seriously, conscientiously, and as promptly as possible.

The process is open and accessible to everyone, whatever their knowledge of the legal system, skill, status, position or financial resources. The Council takes care to be fair to everyone involved. Given that Judges sometimes have to make unpopular decisions, the Council tries to establish whether a complaint is well-founded and is about the Judge's conduct or behaviour rather than his/her decision.

A complaint will be reviewed first by the Chairperson or a Vice-Chairperson of the Judicial Conduct Committee. He or she may forward a copy of the complaint to the Judge in question and to the Judge’s Chief Justice, requesting their comments. The matter may also be referred to a Panel of Council members for consideration. Further inquiries may be made by an independent lawyer.

If the complaint is considered sufficiently serious, a Panel may recommend that the Council formally investigate it. Ultimately, the Council may recommend to the Minister of Justice that a Judge be removed from the bench by Parliament.

By law, a Judge can be removed “by reason of:

(a) age or infirmity,
(b) having been guilty of misconduct,
(c) having failed in the due execution of that office, or
(d) having been placed by his conduct or otherwise, in a position incompatible with the  due execution of that office.” (Judges Act, s. 65)

The Council’s only power is to recommend to Parliament that a Judge be removed from office. Parliament has never had to face such a situation, although sometimes Judges retire or resign before the matter gets that far.

Where appropriate, the Council may express disapproval of a Judge’s conduct for example, if the matter is not serious enough to recommend that the Judge be removed.

The Canadian Judicial Council cannot:

• overturn or change the decision of a judge, grant appeals or address demands for new trials
• compensate individuals
• look into general complaints about the courts or the judiciary as a whole
• investigate complaints about unnamed judges
• investigate complaints about court employees or lawyers.

 

This information has been reproduced with the permission of the Canadian Judicial Council. Colour brochures titled "The Conduct of Judges and the Role of the Canadian Judicial Council" and "Ethical Principles for Judges"  and other information can be downloaded from the Canadian Judicial Council website.

 

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