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Author of the article:
The Canadian Press
Jim Bronskill
Published June 13, 2023 • read for 3 minutes
Richard Wagner, Chief Justice of the Supreme Court of Canada, is seen at a press conference in Ottawa, Tuesday, June 13, 2023. Wagner says he has asked the national body that oversees the conduct of judges to see if they can make the process more transparent . Photo by Adrian Wyld /The Canadian Press
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OTTAWA – The Chief Justice of Canada says he has asked the national body that oversees judges’ conduct to consider making the process for handling complaints more transparent.
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Richard Wagner raised his concerns a day after Russell Brown retired from the Supreme Court of Canada, ending an investigation into allegations of misconduct.
At a news conference Tuesday, Wagner said he is “uncomfortable” with the current grievance process administered by the Canadian Judicial Council because it lacks clarity for the public.
For example, Wagner, who presides over the judiciary as chief justice, asked when the existence of a complaint or the text of a decision should be made public.
“There’s something opaque now. And I don’t feel comfortable with that.”
The chief justice said he awaits the passage of federal legislation, now before parliament, aimed at making judicial oversight procedures more efficient and less expensive. “I think it would be in the interest of the public, the interest of the judiciary and in the interest of transparency.”
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Wagner said it is outrageous that under the current system a lawsuit can drag on for years and cost millions of dollars.
“It can’t take ages and ages because that undermines the credibility of the system,” he said.
In addition, Wagner said he asked the council’s Judiciary Conduct Committee in April to review its own regulations with a view to greater transparency.
“I think we can do better at the CJC, there’s some work to be done,” he said. “I think it’s up to them to do the job.”
The judicial board said Monday it no longer has jurisdiction to pursue misconduct allegations related to Brown that stemmed from an event at an Arizona hotel in January.
Brown has denied allegations that he was drunk and harassed a group of people at an event at an upscale resort in Scottsdale, Ariz.
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Brown, appointed to the Supreme Court eight years ago, had been on leave since Feb. 1, pending the outcome of the council’s review.
In a statement on Monday, Brown said that given the progress made so far, it was not unreasonable to think the process could continue well into next year.
“While my counsel and I are confident the complaint would have ultimately been dismissed, the continued delay is in no one’s best interest – the court, the public, my family or my own best interest.”
The court told Wagner about the complaint against Brown on January 31.
The next day, after speaking with Brown, Wagner released him from his Supreme Court duties with immediate effect while the board investigated the complaint. Wagner subsequently informed Attorney General David Lametti of this decision.
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Wagner indicated on Tuesday that he struggled with the question of making the complaint against Brown public, as the Judiciary Council says it is for the council to decide.
Wagner said that’s why earlier this spring he asked the council’s conduct committee to look into the matter, as he shouldn’t be bound by “an ordinance that doesn’t allow me to disclose it.”
The chief justice downplayed the idea that the charges against Brown could reflect badly on the court. He said the public should be comforted by the ethical principles set forth for federally appointed judges and the fact that there are procedures in place to review the conduct of those on the bench.
Wagner also disagreed with the suggestion that because the review in Brown’s case ended after his firing, Canadians have no answers and a sense of closure from the episode.
“The trial is here and it’s over because the judge resigned,” he said. “So there’s no more case to deal with.”
This report from The Canadian Press was first published on June 13, 2023.
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