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Part II Judges Act

 

  Canadian Judicial Council
  Interpretation
Definition of "Minister" 58. In this Part, "Minister" means the Minister of Justice of Canada.
  Constitution of the Council
Council established 59.

(1) There is hereby established a Council, to be known as the Canadian Judicial Council, consisting of

 

(a) the Chief Justice of Canada, who shall be the chairman of the Council;

(b) the chief justice and any senior associate chief justice and associate chief justice of each superior court or branch or division thereof;

(c) the senior judges, as defined in subsection 22(3), of the Supreme Court of the Yukon Territory and the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

(d) the Chief Justice of the Court Martial Appeal Court of Canada; and

(e) the Chief Judge and Associate Chief Judge of the Tax Court of Canada.

  (2) and (3) [Repealed, S.C., 1999, c. 3, s. 77].
Substitute Member (4) Each member of the member Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council. R.S., 1985, c. J-1, s. 59; 1992, c. 51, s. 25; 1996, c. 30,s. 6; 1999, c. 3, s. 77
Objects of Council 60.

(1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior and county courts and in the Tax Court of Canada.

Powers of Council (2) In furtherance of its objects, the Council may
 

(a) establish conferences of chief justices, associate chief justices, chief judges and associate chief judges;

(b) establish seminars for the continuing education of judges;

(c) make the inquiries and the investigation of complaints or allegations described in section 63; and

(d) make the inquiries described in section 69. R.S., 1985, c. J-1, s. 60; 1992, c. 51, s. 26.

Meetings of Council 61.

(1) The Council shall meet at least once a year.

Work of Council (2) Subject to this Act, the work of the Council shall be carried on in such manner as the Council may direct.
By-laws (3) The Council may make by-laws
 

(a) respecting the calling of meetings of the Council;

(b) respecting the conduct of business at meetings of the Council, including the fixing of quorums for such meetings, the establishment of committees of the Council and the delegation of duties to any such committees; and

(c) respecting the conduct of inquiries and investigations described in section 63. R.S., c. J-1, s. 30; R.S., c. 16 (2nd Supp.), s. 10; 1976-77, c. 25, s. 15.

Employment of counsel and assistants 62. The Council may engage the services of such persons as it deems necessary for and carrying out its objects and duties, and also the services of counsel to aid and assist the Council in the conduct of any inquiry or investigation described in section 63. R.S., c. 16(2nd Supp.), s. 10; 1976-77, c. 25, ss. 15, 16; 1980-81-82-83, c. 157, s. 16.
  Inquiries concerning Judges
Inquiries 63.

(1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court or of the Tax Court of Canada should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

Investigations (2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court or of the Tax Court of Canada.
Inquiry Committee (3) The Council may, for the purpose of conducting an inquiry or investigation under this section, designate one or more of its members who, together with such members, if any, of the bar of a province, having at least ten years standing, as may be designated by the Minister, shall constitute an Inquiry Committee.
Powers of Council or Inquiry Committee (4) The Council or an Inquiry Committee in making an inquiry or investigation under this section shall be deemed to be a superior court and shall have
 

(a) power to summon before it any person or witness and to require him to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and

(b) the same power to enforce the attendance of any person or witness and to compel the person or witness to give evidence as is vested in any superior court of the province in which the inquiry or investigation is being conducted.

Prohibition of information relating to inquiry, etc. (5) The Council may prohibit the publication of any information or documents placed before it in connection with, or arising out of, an inquiry or investigation under this section when it is of the opinion that the publication is not in the public interest.
Inquiries may be public or private (6) An inquiry or investigation under this private section may be held in public or in private, unless the Minister requires that it be held in public. R.S., 1985, c. J-1, s. 63; 1992, c. 51, s. 27.
Notice of Hearing 64. A judge in respect of whom an inquiry or investigation under section 63 is to be made shall be given reasonable notice of the subject-matter of the inquiry or investigation and of the time and place of any hearing thereof and shall be afforded an opportunity, in person or by counsel, of being heard at the hearing, of cross-examining witnesses and of adducing evidence on his own behalf. R.S., c. J-l, s. 31; R.S., c. 16(2nd Supp.), s. 10; 1976-77, c. 25, s. 15.
  Report and Recommendations
Report of Council 65.

(1) After an inquiry or investigation under section 63 has been completed, the Council shall report its conclusions and submit the record of the inquiry or investigation to the Minister.

Recommendation to Minister (2) Where, in the opinion of the Council,  the judge in respect of whom an inquiry or investigation has been made has become incapacitated or disabled from the due execution of the office of judge 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 or her conduct or otherwise, in a position incompatible with the due execution of that office,

the Council, in its report to the Minister under subsection (1), may recommend that the judge be removed from office. R.S., 1985, c. J-1, s. 65; R.S., 1985, c. 27(2nd Supp.), s. 5; 2002. c.8, s. 111(E).

  Effect of Inquiry
  66.

(1) [Repealed, R.S., 1985, c. 27(2nd Supp.), s. 6]

Leave of absence with salary (2) The Governor in Council may grant leave of absence to any judge found, pursuant to subsection 65(2), to be incapacitated or disabled, for such period as the Governor in Council, in view of all the circumstances of the case, may consider just or appropriate, and if leave of absence is granted the salary of the judge shall continue to be paid during the period of leave of absence so granted.
Annuity to judge who resigns (3) The Governor in Council may grant to any judge found to be incapacitated or disabled, if the judge resigns, the annuity that the Governor in Council might have granted the judge if the judge had resigned at the time when the finding was made by the Governor in Council. R.S., 1985, c. J-l, s. 66; R.S., 1985, c. 27(2nd Supp.), s.6.
  67. [Repealed, R.S., 1985, c. 16(3rd Supp.), s. 5]
  68. [Repealed, R.S., 1985, c. 16(3rd Supp.), s. 6]
  Inquiries concerning Other Persons
Further inquiries 69.

(1) The Council shall, at the request of the Minister, commence an inquiry to establish whether a person appointed pursuant to an enactment of Parliament to hold office during good behaviour other than

 

(a) a judge of a superior court or of the Tax Court of Canada, or

(b) a person to whom section 48 of the Parliament of Canada Act applies, should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to(d).

Applicable provisions

(2) Subsections 63(3) to (6), sections 64 and 65 and subsection 66(2) apply, with such modifications as the circumstances require, to inquiries under this section.

Removal from office (3) The Governor in Council may, on the recommendation of the Minister, after receipt of a report described in subsection 65(1) in relation to an inquiry under this section in connection with a person who may be removed from office by the Governor in Council other than on an address of the Senate or House of Commons or on a joint address of the Senate and House of Commons, by order, remove the person from office. R.S., 1985, c. J-1, s. 69; 1992, c. 1, s. 144(F), c. 51,s. 28; 1993, c. 34, s. 89.
  Report to Parliament
Orders and reports so be laid before Parliament 70. Any order of the Governor in Council made pursuant to subsection 69(3) and all reports and evidence relating thereto shall be laid before Parliament within fifteen days after that order is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. 1974-75-76, c. 48, s. 18; 1976-77, c. 25, s. 15.
  Removal by Parliament or Governor in Council
Powers, rights or duties not affected

71. Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge or any other person in relation to whom an inquiry may be conducted under any of those sections. 1974-75-76, c. 48, s. 18; 1976-77, c. 25, s. 15.