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27-557: Judicial Council may refer to: Canadian Judicial Council Judicial council (United States) Judicial Council of California New York State Commission on Judicial Conduct Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 Kosovo Judicial Council Supreme Judicial Council of Libya Muslim Judicial Council Supreme Judicial Council of Pakistan Supreme Judicial Council of Saudi Arabia High Judicial Council ( Syria ) Judicial Council of

54-696: A Companion of the Order of Canada . He received honorary degrees from Mount Allison University, the University of New Brunswick , Dalhousie University, Queen's University , the University of Toronto , the University of Western Ontario and Columbia University . Rand was Canada's appointee to the United Nations Special Committee on Palestine following World War II . As such, Rand visited Mandatory Palestine in 1947 and became

81-933: A fellow Canadian, changed Rand's understanding of Zionism . Rand became the central and most influential swing vote on UNSCOP in favour of the United Nations Partition Plan for Palestine and the eventual creation of the State of Israel . He has been described as "probably the greatest judge in Canada's history" and "perhaps the greatest exponent of the rule of law in the history of the Supreme Court of Canada". Biographer William Kaplan describes Rand as "an intolerant bigot" who disliked French Canadians, Catholics, Jews and Canadians who were not of British stock. When his sister married an Acadian , Rand refused to talk to her for 30 years. Nevertheless, as

108-519: 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

135-492: 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

162-596: A judge, Rand was a civil libertarian who struck down restrictive covenants that barred property from being sold or rented to Jews or non-whites, acknowledged the rights of Japanese Canadians who were being interned as enemy aliens during World War II, defended the rights to free speech of the Communist Party of Canada when it was banned by the Canadian government under the War Measures Act as well as

189-525: A supporter of partition supporting UNSCOP's majority report which led to the United Nations Partition Plan for Palestine . The plan was accepted by Jewish leaders but rejected by the Palestinian Arabs. He became a supporter of the state of Israel once it was created in 1948 and visited in 1959 to dedicate a forest in Jerusalem named in his honour. Rand's meeting with William Lovell Hull ,

216-541: 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

243-521: 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

270-729: The Canadian National Railways as counsel. In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick from February to June 1925. On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of William Lyon Mackenzie King . During his tenure, Rand delivered many leading judgments. He is perhaps best remembered for his judgment in Roncarelli v Duplessis , which has been described as "iconic". In 1946, he developed

297-465: 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

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324-474: The Rand formula requiring payment of trade union dues by all employees in the bargaining unit affected by a collective agreement, whether or not the employees are members of the union. This compromise was instrumental to the cessation of violence and promotion of industrial stability, as it required the unions to "work now, grieve later," and in exchange, the employers had to remit union dues by automatic check-off of

351-676: The Supreme Court of Canada . He has been described as "probably the greatest judge in Canada's history". Born in Moncton , New Brunswick , the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts degree from Mount Allison University in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School . He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practised law in Medicine Hat , Alberta . Returning to Moncton in 1920, he joined

378-499: The United Methodist Church See also [ edit ] Council of the judiciary Judiciary committee (disambiguation) National Judicial Council (disambiguation) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Judicial Council . If an internal link led you here, you may wish to change the link to point directly to

405-409: 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. Ivan Rand Ivan Cleveland Rand CC (April 27, 1884 – January 2, 1969) was a Canadian lawyer, politician, academic, and justice of

432-480: 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

459-699: 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

486-644: 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

513-481: The dues formula. Rand retired from the Canadian Supreme Court on April 27, 1959, upon reaching the mandatory retirement age of 75. From 1959 to 1964, he was the first Dean of the law school of the University of Western Ontario . In 1966, he chaired a Royal Commission into allegations of improper stock trading against Supreme Court of Ontario justice Leo Landreville . In 1968, he was made

540-524: 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

567-441: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Judicial_Council&oldid=1237693013 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Canadian Judicial Council The Council has 44 members, composed of chief justices and associate chief justices. It

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594-548: 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

621-409: 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

648-415: The rights of Jehovah's Witnesses being persecuted under Quebec's Padlock Law . During his tenure as dean of the University of Western Ontario's law school he was reluctant to hire a Jewish applicant claiming that a small town like London , Ontario could not abide "too many Jews". He would complain regularly about people whose names ended with vowels. Kaplan explained this contradiction in describing Rand as

675-415: 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

702-540: 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

729-419: 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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