An inquiry committee by the Canadian Judicial Council that will determine whether the alleged misconduct of a Quebec Superior judge warrants removal from office should conduct two independent inquiries to examine the two sets of allegations against him, according to judicial ethics experts.
Judiciary
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Canadian Judicial Council should hold two separate inquiries into conduct of Quebec judge, say experts
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Quebec Court of Appeal sanctions judge
A Quebec judge who refused to hear a quarrel between neighbours and emphatically insisted that they negotiate a settlement before adjourning without cause a hearing over which he should have presided the same day has been sanctioned by the Quebec Court of Appeal.The 66-page ruling in Bradley (Re), 2018 QCCA 1145 reveals the need for the Quebec government to increase options available to the appellate court and the Quebec Judicial Council to deal with judicial misconduct of a provincially appointed judge, and for the council itself to enact changes to enhance procedural fairness, according to judicial ethics experts.
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Quebec appeal court rebukes trial judge over stereotypical attitudes towards sexual assault
The Quebec Court of Appeal admonished a trial judge who acquitted a father accused of incest for holding biases and stereotypes over the way a sexual assault victim should behave.The appellate court, in a brief but unusually blunt and forceful six-page ruling, ordered a new trial against a father who allegedly assaulted his daughter for a 16-year period, from the age of nine until 25. She came forward in 2010 when she was an adult and while living with her parents.
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Court of Quebec judge absolved by inquiry committee
A Court of Quebec judge under fire for allegedly lending more than $9 million in loans over the past few years has been absolved of any ethical breaches by a five-member panel of the Committee of Inquiry of the Conseil de la magistrature du Québec.The inquiry committee concluded that Judge Manlio Del Negro, nominated as a Court of Quebec judge on March 2017, did not infringe article 129 of the Quebec Courts of Justice Act nor did he breach the Quebec Judicial Code of Ethics. Under article 129 of the Act, the office of judge is exclusive. In other words, a lawyer appointed judge is legally required to refrain from any activity which is not compatible with his functions, including carrying out – even indirectly — commercial activities.
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Quebec Superior Court judges launch suit against governments
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n an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.Tags: Constitution Act 1867 -
Allegations of conflict of interest against three judges dismissed
The Canadian Judicial Council has dismissed allegations of conflicts by three judges who attended privately sponsored receptions or conferences.The three judges, all of whom hear tax cases, landed in hot water after the CBC and Radio-Canada reported that they had attended social events at an International Fiscal Association Conference in Madrid in September 2016. The conference was approved by the CJC as a continuing education opportunity for judges involved in tax law matters.
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Court of Quebec Judge acted as a private lender before being appointed
A recently appointed Court of Quebec judge has lent more than $9 million in loans over the past few years, according to an investigation by a French-language newspaper.
Judge Manlio Del Negro, who was formally inducted as a Court of Quebec judge yesterday during a ceremony held at the Montreal courthouse, allegedly provided more than 45 loans from 2006 to 2017 before being appointed as a judge this spring, according to the Journal de Montréal.
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Quebec government appoints three new judges
The Quebec government is ramping its judicial appointments to ease the growing backlog of cases in the justice system.
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Quebec judge may be a step closer to being removed from the bench
A Quebec judge who refused to hear a quarrel between neighbours and emphatically insisted that they negotiate a settlement may be a step closer to being removed from the bench after the Quebec Court of Appeal announced it will launch an inquiry on his conduct following a request by the Quebec Minister of Justice Stephanie Vallée. (more…) -
Judge convicted of first degree murder remains in jail
Retired judge Jacques Delisle, hoping to become the second person in Quebec in thirty years to be released pending an appeal, will have to remain in jail after Quebec Court of Appeal Justice Richard Wagner ruled that releasing him could undermine the public’s faith in the justice system.
Delisle, believed to be the first Canadian judge to ever stand trial for murder, was found guilty last month of first-degree murder in the death of his invalid wife by an eight-man, four-woman jury after three days of deliberations. The 77-year-old retired judge, who automatically received a sentence of life in prison, with no possibility of parole for 25 years, plead before the Quebec Court of Appeal that he should be released pending an appeal because he was having a tough time in prison due to his advanced age and the position he held in society.
Under s.679 (3) of the Criminal Code an appellant may be released pending the determination of his appeal if the appellant establishes that the appeal or application for leave to appeal is not frivolous, if he would surrender himself into custody in accordance with the terms of the order, and if his detention was not necessary in the public interest.
In a 13-page ruling, Justice Wagner found that Delisle’s application for leave to appeal was not frivolous nor did he pose a flight danger. But Judge Wagner found that a public, knowledgeable about the justice system and the circumstances surrounding the case, would risk losing confidence in the criminal and penal system if “I acquiesced to the demand made by the appellant.”
“The appellant was found guilty by 12 persons, impartial and independent, of committing one of the most serious crimes sanctioned by the Criminal Code,” wrote Justice Wagner, who was appointed to the Quebec Court of Appeal bench two years after Delisle retired. ”It consisted of a premeditated murder with obvious violence on a vulnerable person. The appellant must establish very serious grounds for appeal to justify, in light of the circumstances surrounding this case, his release. This demonstration was not made.”
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Committee recommends a modest salary increase for Quebec judges
Days before the Quebec government enacted a contentious back-to-work legislation to end an acrimonious labour standoff with its Crown prosecutors and government lawyers, a judicial compensation committee released an inconspicuous report that will likely once again test the government’s rapport with the principle players of the legal system.
A five-member blue-ribbon panel of legal and financial experts established under the Courts of Justice Act (Act) recommended handing Court of Quebec judges, municipal judges and justices of the peace a modest hike in their remuneration package, but it would be surprising if the provincial government embraces the recommendations, given past history.
