Canadian Judicial Council launches appeal of Federal Court Decision

Ottawa, 7 September 2018 – The Canadian Judicial Council has filed today a Notice of Appeal of a decision by the Federal Court in relation to the Girouard matter. Council argues that the Federal Court has no jurisdiction to review recommendations of the Chief Justices of Canada’s superior courts regarding the removal of a judge from office.

The bases for the decision to appeal include: legal errors in respect of the constitutional arguments put forward by Council; legal errors in respect of the authority of Parliament to remove a judge from office; and a reasonable apprehension of bias on the part of the Federal Court judge who heard the matter. 

The question for the Council is one of public interest and goes to the heart of the constitutional authority of superior court chief justices in matters of judicial conduct.

Council will continue to press for legislative reforms in this area to ensure public confidence and efficiency in a robust process of review of judicial conduct. 

Information about Council’s function and mandate can be found on its website at www.cjc-ccm.ca

Contact:
Norman Sabourin
Executive Director and Senior General Counsel
(613) 288-1566 ext 313