Vol. 144, No. 32 — August 7, 2010

By-laws Amending the Canadian Judicial Council Inquiries and Investigations By-laws

Statutory authority

Judges Act

Sponsoring agency

Canadian Judicial Council

PROPOSED REGULATORY TEXT

Notice is hereby given that the Canadian Judicial Council, pursuant to subsection 61(3) of the Judges Act (see footnote a), proposes to make the annexed By-laws Amending the Canadian Judicial Council Inquiries and Investigations By-laws.

Interested persons may make representations concerning the proposed By-laws within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Norman Sabourin, Executive Director and Senior General Council, Canadian Judicial Council, Ottawa, Ontario, K1A 0W8 (fax: 613-288-1575; email: nsabourin@judicom.gc.ca).

Ottawa, July 19, 2010

BEVERLEY MCLACHLIN
Chief Justice of Canada
Chairman
Canadian Judicial Council

BY-LAWS AMENDING THE CANADIAN JUDICIAL COUNCIL INQUIRIES AND INVESTIGATIONS BY-LAWS

AMENDMENTS

1. The Canadian Judicial Council Inquiries and Investigations By-laws (see footnote 1) are amended by adding the following after section 1:

CONSTITUTION AND POWERS OF A REVIEW PANEL

1.1 (1) The Chairperson or Vice-Chairperson of the Judicial Conduct Committee who considers a complaint or allegation made in respect of a judge of a superior court may, if they determine that the matter warrants further consideration, constitute a Review Panel to decide whether an Inquiry Committee shall be constituted under subsection 63(3) of the Act.

(2) The Review Panel shall consist of three or five judges, the majority of whom shall be members of the Council, designated by the Chairperson or Vice-Chairperson of the Judicial Conduct Committee.

(3) The Review Panel may decide that an Inquiry Committee shall be constituted only in a case where the matter might be serious enough to warrant removal of a judge.

(4) If the Review Panel decides to constitute an Inquiry Committee, it shall send its decision to the Minister without delay, together with a notice inviting the Minister to designate members of the bar of a province to that committee in accordance with subsection 63(3) of the Act.

2. (1) Section 2 of the By-laws is amended by adding the following after subsection (1):

(1.1) If the Minister does not designate any members to the Inquiry Committee within 60 days after receipt of the notice under subsection 1.1(4), the Chairperson or Vice-Chairperson of the Judicial Conduct Committee may designate additional members of the Council to the Inquiry Committee to complete its composition.

(2) Paragraph 2(3)(b) of the By-laws is replaced by the following:

(b) they participated in the deliberations of the Review Panel in respect of the necessity for constituting an Inquiry Committee.

3. Section 9 of the By-laws is replaced by the following:

9. (1) Within 30 days after receipt of the report of the Inquiry Committee, the judge may make a written submission to the Council regarding the report.

(2) On the judge’s request, the Council shall grant an extension of the time limit set out in subsection (1) if it considers that the extension is in the public interest.

4. Subsections 10(2) and (3) of the By-laws are repealed.

5. The By-laws are amended by adding the following after section 10:

MEETINGS OF COUNCIL CONCERNING THE REMOVAL OF JUDGES FROM OFFICE

10.1 (1) The most senior member of the Judicial Conduct Committee who is eligible and available to participate in deliberations concerning the removal from office of a judge of a superior court shall chair any meetings of the Council related to those deliberations.

(2) If no member of the Judicial Conduct Committee is eligible and available to participate in deliberations, the most senior member of the Council who is eligible and available shall chair the meetings related to those deliberations.

(3) A quorum of 17 members of the Council is required when it meets to deliberate the removal from office of a judge of a superior court.

(4) In the event of the death or incapacity of a member during the deliberations, the remaining members constitute a quorum.

(5) During deliberations of the Council concerning the removal from office of a judge of a superior court, the Chairperson may only vote in respect of a report of the Council’s conclusions on the matter in the event of a tie.

(6) Meetings of the Council involving deliberations concerning the removal from office of a judge of a superior court may be held in person, by audio-conference or by video conference.

6. Subsection 11(1) of the By-laws is replaced by the following:

11. (1) The Council shall consider the report of the Inquiry Committee and any written submission made by the judge or independent counsel.

7. Section 12 of the French version of the By-laws is replaced by the following:

12. Si le Conseil estime que le rapport d’enquête n’est pas clair ou est incomplet et que des éclaircissements ou qu’un complément d’enquête sont nécessaires, il renvoie tout ou partie de l’affaire au comité d’enquête en lui communiquant ses directives.

COMING INTO FORCE

8. These By-laws come into force on the day on which they are registered.

[32-1-o]

Footnote a
R.S., c. J-1

Footnote 1
SOR/2002-371

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