Q: I had a civil claim and it went to court about a month ago. We don’t have a decision yet but I have to say I thought the judge was the most rude and arrogant person I’d ever seen. He interrupted, wouldn’t let my lawyer ask questions and treated everyone with disdain. What can I do about the way he conducted the trial?
A: This brings up a sensitive subject. Most people think that because Canadian judges are appointed for life until mandatory retirement at age 75, nothing can be done.
Read Also
Rural emergency room closures continue to be vexing problem
Staffing issues are at the root of disruptions and closures in hospital emergency departments, both in rural and urban Canadian locations.
In the United States, many levels of judges are elected and can be thrown out of office. There are pros and cons to the U.S. system, but let me tell you how the Canadian system works.
Judges are appointed either federally or provincially. If it’s a judge of the provincial court you are complaining about, the matter goes to a local body. In Saskatchewan, for example, the Provincial Judicial Council deals with such matters. It is comprised of the chief judges of all three levels of court, plus two other judges, plus representation from the Law Society of Saskatchewan and members of the public.
The council determines whether there is any merit to the complaint and, if it seems so, may direct an investigation and ultimately a discipline prosecution of a judge who has allegedly broken the rules.
If it’s a federally appointed judge (Court of Queen’s Bench, Court of Appeal), the matter is heard by a federally constituted body called the Canadian Judicial Council. Created in 1971, this entity has the mandate to promote efficiency, uniformity and accountability, and ensure quality of judicial service in federal Canadian courts. The council governs these items for almost 1,100 judges who are federally appointed.
The Canadian Judicial Council has 39 members. It is chaired by the chief justice of the Supreme Court of Canada. It also includes the chief justices and some senior judges from courts across the country.
This body supervises judges and demands a high degree of professionalism and good conduct from judges. It also tries to ensure judges are independent and are able to render decisions without fear of retaliation or punishment, politically or otherwise.
The Canadian Judicial Council has power under federal law to investigate complaints from the public about the conduct of federally appointed judges.
After its investigation of a complaint, the council can make recommendations, including removing a judge from office.
It is important to note that the council does not have the power to deal with someone who is unhappy with a judge’s decision. That’s why appeals exist.
However, since you don’t have a decision yet, it sounds like you are concerned with conduct rather than irritated by the way your case turned out.
The council reviews the high standard of personal conduct that is expected of judges, both in court and in public. If a judge is for any reason unsuitable to remain in that position, this system allows an investigation of the judge’s behaviour and possibly removal from office.
Judges must be, and appear to be, impartial when hearing any matter. They are expected to be courteous and respectful and demonstrate integrity throughout. Many complaints arise from judges’ conduct or comments in court, but some arise from conduct outside the courtroom.
Your complaint must be in writing and must name the judge. It must set out, in some detail, what you are complaining about, including exact comments made. Council reviews the complaint, seeking a response from the judge. Sometimes an investigation is ordered, and the matter may even proceed to a hearing in front of a panel of judges.
An inquiry committee can be held, which can make a recommendation to the government that the judge be removed. This is reserved for the most serious of cases, but it has been done in Canada.
There is no fee or deadline. You don’t need a lawyer to do this. You do need to express yourself clearly and logically. Yelling seldom helps.
The best information comes from the website of the Canadian Judicial Council. Judges are not immune from scrutiny. As always, know and protect your rights.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
