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45-627: The Council has 44 members, composed of chief justices and associate chief justices. It is chaired by the Chief Justice of Canada , currently Justice Richard Wagner . The council was created in 1971 by the Parliament of Canada 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

90-517: A full panel of the CJC ignored its committee recommendation and recommended that Quebec judge Michel Girouard should remain on the bench, federal Justice Minister Jody Wilson-Raybould and Quebec Justice Minister Stéphanie Vallée ordered the CJC to reconsider its decision. The CJC has said that misconduct should not guarantee the judge's removal, and the gravity of the misconduct must be determined. Osgoode Hall Law School professor Trevor Farrow said that

135-491: A judge be removed from office. Canada is one of the very few countries where a complaint can be made against the Chief Justice in the same way as any other judge. The Chief Justice is not involved in the review of complaints. While the majority of complaints are dealt with quickly and without a public hearing, there are some instances where a judge's conduct is considered to be of sufficient concern that further inquiry

180-667: A lawsuit on behalf of Vaccine Choice Canada challenging Canada's provincial and national COVID-19 response. Among the named defendants were the Government of Canada , Government of Ontario , the City of Toronto , and the Canadian Broadcasting Corporation (CBC). Galati was also involved in the preparation of a lawsuit against COVID-19 vaccine mandates at the University of Waterloo , in coordination with

225-558: A new chief justice is chosen from among the court's incumbent puisne justices . The chief justice has significant influence in the procedural rules of the Court , presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general , ex-officio chairman of the Canadian Judicial Council , and heads the committee that selects recipients of

270-576: A three-person commission responsible for modifying that province's federal ridings . The chair of each such commission is appointed by the chief justice of that province; if no appointment is made by the provincial chief justice, the responsibility falls to the chief justice of Canada. The Constitution Act, 1867 provides that there can be an "Administrator for the Time being carrying on the Government of Canada." The Letters Patent, 1947 respecting

315-522: A vocal opponent of COVID-19 vaccines and government measures in response to the COVID-19 pandemic in Canada . In this regard, he has represented a range of individuals and organizations. Examples include Dr. Rochagné Kilian of Owen Sound , who is part of a group of Ontario doctors accused of freely dispensing vaccine exemptions, Action4Canada and Vaccine Choice Canada . On July 6, 2020, Galati filed

360-434: Is also customary that a new chief justice be chosen alternately from among: the three justices who by law must be from Quebec (with its civil law system), and the other six justices from the rest of Canada (representing the common law tradition). Since 1933, this tradition has only been broken once, when Brian Dickson of Manitoba was named to succeed Bora Laskin of Ontario in 1984. The chief justice's central duty

405-572: Is the founder and executive director of the Constitutional Rights Centre. Galati was born in Calabria, Italy and his family immigrated to Canada in 1965. He graduated from McGill University in 1984 with a Bachelor of Arts and then graduated from Osgoode Hall Law School in 1987. After his Call to the bar he worked at the federal Department of Justice. In 2001, Galati defended Delmart Vreeland at trial. Galati

450-564: Is to preside at hearings before the Supreme Court. The chief justice presides from the centre chair. If the chief justice is absent, the senior puisne judge presides. The chief justice chairs the Canadian Judicial Council , which is composed of all chief justices and associate chief justices of superior courts in Canada. This body, established in 1971 by the Judges Act , organizes seminars for federally appointed judges, coordinates

495-515: Is warranted. Since its inception in 1971, the CJC has referred a total of 14 complaints (one involving three judges) to an inquiry committee: In its 40-year history, the CJC has only ordered 11 public inquiries and only twice recommended that a judge be removed from the bench. In the 145 years since Confederation, only five superior court judges have been recommended for removal from the bench. All but one resigned before being removed. The CJC has declined to recommend removal even in cases where there

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540-465: The 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 Leo 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

585-483: The Government of British Columbia , describing the claim as "bad beyond argument". Among other issues, Justice Ross noted in his decision that the civil claim included "improper allegations, including criminal conduct and ‘ crimes against humanity .’" A similar suit was struck by Federal Court Judge Simon Fothergill in February 2023 on the same grounds. In March 2023, Galati filed a class action lawsuit against

630-486: The Order of Canada . Additionally, a chief justice also assumes the role of Administrator of Canada and exercises the viceregal duties of the governor general upon the death, resignation or incapacitation of the governor general. Richard Wagner has served as the current chief justice of Canada since 2017. Since the Supreme Court was established in 1875, 18 people have served as chief justice. The court's first chief justice

675-541: The Order of Canada . In practice however, the chief justice abstains from voting on a candidate's removal from the order , presumably because this process has so far only applied to individuals convicted in a lower court of a criminal offence, and could create a conflict of interest for the chief justice if that individual appealed their conviction to the Supreme Court. Under the Electoral Boundaries Readjustment Act , each province has

720-794: The Regional Municipality of York and York Regional Police on behalf of employees fired or placed on leave as a result of the municipality's mandatory COVID-19 vaccination policy . On December 11, 2023, Justice William Chalmers of the Ontario Superior Court of Justice dismissed a defamation lawsuit filed by Galati against multiple defendants, including the Canadian Society for the Advancement of Science in Public Policy (CSASPP), finding that

765-607: The " gonzo logic of the Vietnam War era." The court ruled that Galati and his legal partner Paul Slansky were not legally successful in their application, even if they may have initiated a series of events leading to the reference question. Galati and Slansky were ordered to pay $ 1,000 in legal costs to the government. After the Supreme Court ruled against the Nadon appointment, in June 2014 Galati brought an application challenging

810-470: The Bank of Canada is mandated to provide debt-free financing for public projects undertaken by federal, provincial and municipal governments. COMER's claims were struck five times by the courts. On May 4, 2017, the Supreme Court dismissed COMER'S application for leave to appeal the most recent decision. On February 8, 2016 Justice Russell struck COMER's amended claim in its entirety and refused leave to amend

855-425: The CJC is too secretive. Wooley criticized the CJC for not clearly articulating what constituted misconduct worthy of sanctions. Some critics have pointed out that the only available sanction of removal may not be appropriate in some circumstances. Chief Justice of Canada The chief justice of Canada ( French : juge en chef du Canada ) is the presiding judge of the nine-member Supreme Court of Canada ,

900-600: The Canadian chapter of Children's Health Defense . Prospective plaintiffs were instructed to prepare to pay $ 2,000 to join the suit, and that they may be "on the hook" for an additional $ 2,000 if the suit was unsuccessful. In January 2022, Galati was seriously ill in the ICU . In August 2022, Justice Alan Ross of the Supreme Court of British Columbia struck a COVID-19 vaccine mandate lawsuit brought by Galati against

945-478: The Landreville proceeding was a factor motivating Parliament to adopt this new procedure." The CJC's activities have been characterized as seeking to investigate complaints about judicial misbehaviour and on the other hand protecting the reputation of judges against unfounded accusations. The Council has 44 members, composed of chief justices and associate chief justices. It is chaired by the Chief Justice of

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990-564: The Office of Governor General provide that, should the governor general die, become incapacitated, or be absent from the country for a period of more than one month, the chief justice or, if that office is vacant, the senior puisne justice, of the Supreme Court would become Administrator of Canada and exercise all the powers and duties of the governor general. This has happened on four occasions: chief justices Lyman Duff and Robert Taschereau each did so, in 1940 and 1967 respectively, following

1035-698: 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." According to Martin Friedland , "There is no doubt that the awkwardness and uncertainty of

1080-604: The Quebec provisions of the Supreme Court Act . The Act requires that three members of the Supreme Court be from Quebec. The Quebec government announced that it would also challenge Nadon's appointment. The government responded to Galati's application on October 22, 2013 by amending the Supreme Court Act and bringing a reference question to the Supreme Court. Galati was granted intervenor status at

1125-528: The RCMP refused to provide this, he declared that "we now live in Colombia because the rule of law is meaningless" and later indicated he believed the call came from American intelligence. Mr Galati went on to claim: "The voice is similar and likely the same as a voice of someone who threatened one of our former clients," he said, adding later that "in that case, our client disappeared."' Galati later characterized

1170-642: The Supreme Court of Canada , currently Justice Richard Wagner . The Canadian Judicial Council was granted power under the Judges Act to investigate complaints made by members of the public or the Attorney General about the conduct of federally appointed judges. After its review and investigation of a complaint, the Council can make recommendations to Parliament through the Minister of Justice that

1215-404: The Supreme Court of Canada. Galati agreed to end his own legal challenge following the ruling. The Federal Court of Canada later awarded Galati $ 5,000 for his fees in bringing his application. Galati appealed, arguing he should be awarded $ 51,706.54 for his time spent arguing the case. The Federal Court of Appeal disagreed, and issued a sharply worded decision that compared his arguments to

1260-674: The appointment of Justice Robert Mainville to the Quebec Court of Appeal . In April 2015, the court ruled unanimously that the justice department acted within its constitutional powers in the Mainville appointment. In 2011, Galati brought a case against the Canadian government to restore the Bank of Canada as a lender to the government. The case was brought on behalf of the Committee on Monetary and Economic Reform . COMER argued that

1305-460: The claim. Costs were awarded to the crown. In his ruling, Justice Russell stated "their response convinces me that, for reasons given, they have no scintilla of a cause of action that this Court can or should hear." On March 3, 2016 COMER filed a notice of appeal with the Court of Appeal. On December 7, 2016 the appeal was dismissed. On May 4, 2017 the Supreme Court dismissed COMER's application for leave to appeal this decision. Galati has been

1350-486: The court. By this component of the Constitution of Canada , Judges appointed to the court must be "a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province." Tradition dictates that the chief justice be appointed from among the court's puisne judges; in the history of the Court , only two were not: William Buell Richards, and Charles Fitzpatrick . It

1395-574: The death of the incumbent governor general, as did Chief Justice Beverley McLachlin when the Governor General underwent surgery in 2005. With the resignation of Julie Payette in January 2021, Richard Wagner served as Administrator until the appointment of Mary Simon as Governor General in July of the same year. The chief justice and the other justices of the court serve as deputies of

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1440-503: The discussion of issues of concern to the judiciary, and conducts inquiries, either on public complaint or at the request of a federal or provincial minister of justice or attorney general, into the conduct of any federally appointed judge. The chief justice is sworn as a member of the Privy Council prior to taking the judicial oath of office . The chief justice also sits on the advisory council of Canada's highest civilian order,

1485-524: 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

1530-500: The governor general for the purpose of giving Royal Assent to bills passed by Parliament , signing official documents or receiving credentials of newly appointed high commissioners and ambassadors . The current chief justice is Richard Wagner , who took office on December 18, 2017, succeeding Beverley McLachlin . Born in Montreal on April 2, 1957, Wagner had been a puisne Supreme Court justice for 5 years, 74 days at

1575-560: The hearing. On March 21, 2014, the Supreme Court ruled in Reference Re Supreme Court Act, ss 5 and 6 that Nadon was ineligible under the Quebec provisions of the Act, and that changes to the Act required unanimous constitutional amendment. Nadon's appointment was voided. The court did not accept Galati's argument that federal court judges from Quebec are not eligible for appointment to the permanent Quebec seats on

1620-582: The highest judicial body in Canada . As such, the chief justice is the highest-ranking judge of the Canadian court system . The Supreme Court Act makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice . The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition,

1665-545: The public, and criticized the hypocrisy of judges calling for natural justice in other professions. University of Calgary Faculty of Law professor and Canadian Association for Legal Ethics president Alice Wooley said including laypersons in the CJC would ensure that the process is less insular and more transparent. In September 2003, the Canadian Justice Review Board, a non-governmental advocacy group and "coalition of citizens," expressed concern that

1710-407: The rarity of removals reflects the high value that is placed on independence for judges in Canada. The CJC is composed only of judges. Galati criticized the makeup of the CJC, pointing out that judges are the only truly self-regulating profession in Canada, and has urged public participation in the process. Osgoode Hall Law School professor Allan Hutchison argued that the CJC should include members of

1755-441: The threats as "institutional" and "governmental" but did not elaborate. In 2006, Galati represented Ahmad Mustafa Ghany , a suspect in the 2006 Ontario terrorism plot . In 2008, charges were stayed against Ghany and three other defendants. On October 7, 2013, Galati brought a court application that challenged the appointment of Justice Marc Nadon to the Supreme Court of Canada on the basis of Nadon being ineligible as under

1800-441: The time of his elevation to chief justice. He previously sat on the Quebec Court of Appeal . Since the Supreme Court was established in 1875, the following 18 persons have served as Chief Justice: This graphical timeline depicts the length of each justice's tenure as chief justice: Rocco Galati Rocco Galati (born 1959) is an Italian-born Canadian lawyer who specializes in cases involving constitutional law . He

1845-415: Was Abdurahman Khadr 's first lawyer. In late 2003, Galati resigned from all national security cases after being the target of death threats. Galati said a threat left on his answering machine stated: "Well, Mr. Galati. What's this I hear about you working with the terrorist now, helping to get that (expletive) punk terrorist Khadr off. You a dead wop." Galati requested 24-hour surveillance of his house; when

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1890-476: Was William Buell Richards ; Beverley McLachlin is the longest serving Canadian chief justice ( 17 years, 341 days), and was the first woman to hold the position. The chief justice is appointed by the Governor in Council under the Supreme Court Act on the advice of the prime minister. The appointment is subject to the Supreme Court Act , which governs the administration and appointment of judges of

1935-412: Was a finding of inappropriate conduct. In 2008, a CJC inquiry panel recommended removing Ontario Superior Court Justice Theodore Matlow from the bench, but a majority of the full CJC overruled the removal recommendation despite agreeing there was misconduct. Rocco Galati criticized the difficulty of removing judges, saying that "it's easier to get a constitutional amendment than to remove a judge." After

1980-540: 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

2025-419: 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 "[w]ithout a doubt, the Landreville case figured prominently in the decision to establish the council." He quotes

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