MAKING A COMPLAINT

We expect judges to maintain a high standard of conduct, both inside and outside the courtroom. When someone believes that a judge’s behaviour (not their decision) is of concern, or that a judge is not fit to sit on the Bench, a complaint can be made to the Canadian Judicial Council. In very serious cases, Parliament can remove a judge from office.

What is judicial conduct?

There is an important distinction between a judge’s personal conduct in or outside of a courtroom and a decision that a judge makes in a particular court case. If a federally appointed judge’s behaviour is not appropriate, you can make a complaint to the Canadian Judicial Council. If you believe that the judge reached the wrong decision in your court case, you can appeal to a higher court to review that decision.

What is the Canadian Judicial Council’s role?

By directing complaints to the Canadian Judicial Council, Parliament acknowledges that the public must have a way to voice its concerns about judges. At the same time, the system must allow judges to respond to allegations of misconduct in a fair manner. The process must be efficient, fair, and objective.

The complaint process is described fully in this section of the website. In general, when the Council receives a complaint about a judge, a member of the Council’s Judicial Conduct Committee reviews the complaint and decides how the matter should be handled. Handling the complaint may range from asking the judge in question to provide comments about the complaint, to holding a full inquiry into the matter.

Who can you make a complaint against?

The Council cannot investigate general complaints about the justice system, the courts, or the judiciary as a whole. It cannot change judicial decisions in court cases, compensate individuals, grant appeals, or address demands for a new trial.

The Canadian Judicial Council does not have jurisdiction over the lower levels of provincial courts, such as those that hear small claims disputes, and some family and criminal matters. If you want to make a complaint about a judge in one of those courts, you must direct your complaint to the judicial council in your province or territory.

The Canadian Judicial Council does not have the authority to investigate complaints against court staff or lawyers. Complaints about court staff should be made to the court administration office of the courthouse in question. Complaints about lawyers should be made to the Law Society in your province or territory.

What kind of complaint can you make?

Every year, judges in Canadian courts make hundreds of thousands of decisions on matters ranging from procedural issues to determining important points of law. When one party in a legal dispute thinks the judge made the wrong decision, the justice system allows that person to appeal to a higher court. For example, if you think that a judge of the Ontario Superior Court of Justice reached the wrong decision in your case, you can appeal the decision to the Ontario Court of Appeal.

Judges can make mistakes. An appeal court can reverse or vary the decision made by the judge who heard the case. The fact that an appeal court overturns a judge’s decision does not mean that the judge’s conduct was improper or that the judge should be removed from office. It simply means that the appeal court believed the judge made a mistake about the law or the facts of the case.

All judges are expected to uphold a high standard of personal conduct, both inside and outside the courtroom. So, aside from the decision the judge reaches in your case, the judge must be impartial when hearing your case, be respectful and courteous throughout the proceedings, and maintain a high standard of integrity. For example, it is appropriate for members of the public to ask the Council to investigate complaints about judges who are thought to have shown biases based on race, gender, or religion. Complaints can arise from judges’ comments in the courtroom, from speeches or interviews given outside the courtroom.

Who can make a complaint?

Although the Minister of Justice or a provincial Attorney General can initiate a formal inquiry about a federally appointed judge, most complaints come from the general public.

If a provincial Attorney General or the Minister of Justice of Canada submits a complaint, the Council must appoint an Inquiry Committee to consider whether a recommendation should be made to the Minister of Justice to remove the judge from office. The Inquiry Committee must hold a hearing, normally in public. The Council then considers the report of the Inquiry Committee and makes a recommendation to the Minister of Justice.

In accordance with the complaints process, the Canadian Judicial Council can also initiate an inquiry into a judge’s conduct.

Any member of the public can make a complaint to the Council. Provided the complaint is about judicial conduct, is made in writing, and is about a specific federally appointed judge, the Council will review the matter.

How do you make a complaint?

You do not have to be represented by a lawyer if you want to make a complaint about a judge. You do not need to use a special form to make a complaint to the Council. There is no fee charged and no deadline for making a complaint. The Council requires only that a complaint be:

• in writing;
• about a named, federally appointed judge; and
• about the conduct of a judge and not their decision.

You can write a letter to the Canadian Judicial Council, and send it by regular mail (Canadian Judicial Council, Ottawa, Ontario, K1A 0W8) or by email. Your letter should include:

• your name and address;
• the name of the judge you are making a complaint against; and
• a description of the judge’s conduct that you believe was inappropriate.

What happens after you make a complaint?

The Council takes complaints very seriously and deals with them as quickly as possible. Out of the 200 or so complaints received every year, the Council concludes the majority of them within three months.

Step 1: review of complaint

Step 2: investigation of the complaint

Some complaints contain serious allegations of inappropriate conduct against a judge and must be further investigated by the Council. Such cases may be investigated with the assistance of a lawyer from outside the Council. This person is chosen for their expertise and reputation in the legal community. The lawyer may interview the judge, the complainant, and others who are connected with the situation, and prepare a report.

Step 3: review by a Panel

Step 4: Inquiry Committee

The Inquiry Committee can conduct its own investigation into the complaint, and interview the judge, the person who made the complaint, and others. The Inquiry Committee normally holds a public hearing, where the judge and the person who complained can attend and give evidence about the matter that led to the complaint. The Inquiry Committee prepares a report, which goes to the full Canadian Judicial Council for discussion.

Step 5: recommendations

Council may recommend to Parliament (through the Minister of Justice) that the judge be removed from office. Parliament has never had to face such a situation, but sometimes a judge will retire or resign before that step is taken.

Step 6: notice of the decision

Overview of the complaint process