Landmark Federal Court decision finds Canadian Judicial Council acted unfairly, unreasonably in making critical findings of Superior Court judge

Stockwoods lawyers Brian Gover, Andrea Gonsalves and Pam Hrick successfully represented Mr Justice Patrick Smith in challenging decisions of a Review Panel of the Canadian Judicial Council that were critical of his decision to accept an interim appointment as academic Dean of the law school at Lakehead University, despite the approval of the Chief Justice of the Superior Court and federal Minister of Justice. In comprehensive and important reasons for decision, Mr Justice Russell Zinn held that the Council had acted unreasonably, and had failed to meet its duty to act fairly towards Justice Smith. The decision establishes important precedent with respect to the Federal Court’s supervisory juirisdiction over the CJC, and the proper conduct of its investigative and disciplinary functions within the Canadian constitutional context. Read the decision.