Canadian Judicial Council - History

History

The Council was created in 1971 following years of discussion about the need to coordinate professional development and judicial conduct matters for judges, in a way that would respect the judiciary as an independent branch of government. The review of complaints had previously usually been coordinated by the federal Department of Justice, with the occasional involvement of local Chief Justices.

A key factor that facilitated the creation of the Council was the case of Justice Landreville. He was charged with a criminal offence. Those charges were dismissed, but allegations of impropriety continued to be made by some. This gave rise to quite a bit of public debate; some in the legal profession criticized the fact that the judge was still sitting. A Committee of the Law Society, despite not having jurisdiction over a federally appointed judge, produced a negative report without even notifying Landreville of its proceedings.

There being no defined process to formally inquire into the conduct of a judge, the government then constituted a one-man Royal Commission headed by former Supreme Court Justice Ivan Rand. In his report, Rand found some improprieties and was critical of Justice Landreville. However, some said Mr Rand was biased and famous constitutional lawyer J.J. Robinette who represented Justice Landreville before the Commission was seriously critical of the process.

After the Rand report became public, a joint Committee of Parliament eventually recommended the judge's removal and he resigned.

There were many who came to a view that the process which had been followed was flawed: the absence of a process defined in legislation to review the conduct of a judge left too much room for review by the law societies, government or Parliament, of even other bodies without necessarily involving the judiciary.

Professor William Kaplan, in his book Bad Judgment, wrote that "Without a doubt, the Landreville case figured prominently in the decision to establish the council." He quotes the Parliamentary Secretary to the Minister of Justice who spoke during second reading of the Bill that created the Council: "Because the independence of the judiciary is an integral part of the Canadian democratic process, it is important that the judiciary become, to some extent, a self-disciplinary body." (Kaplan, p. 194)

"There is no doubt that the awkwardness and uncertainty of the Landreville proceeding was a factor motivating Parliament to adopt this new procedure." (Martin Friedland, A Place Apart: Judicial Independence and Accountability in Canada, 1995, p. 88).