GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 82
Establishment of lay persons 82 (1) The Council shall establish a roster of lay persons who may be designated as members of a review panel or full hearing panel established under this Division. Number (2) The number of persons on the roster is set at the discretion of the Council. Conditions (3) To be named to the roster, a person must (a) never have been admitted to the bar of any province or to the Chambre des notaires du Québec; (b) never have worked as a paralegal in Canada; and (c) meet the other selection criteria established by the Council. Selection criteria made public (4) The Council shall make public the selection criteria that it has established for the purpose of paragraph (3)(c). Term (5) A person named to the roster of lay persons remains on it for four years unless they request to be removed from the roster or, in the opinion of the Council, they cease to meet the conditions set out in subsection (3). When the four-year term ends, the person may be renamed to the roster. 2023, c. 18, s. 12
Judges Act — J-1 83
Official languages 83 In naming persons to the roster of judges and to the roster of lay persons, the Council shall take into account the fact that the proceedings of panels established under this Division will be in either or both official languages. 2023, c. 18, s. 12
Judges Act — J-1 84
Diversity 84 The Council shall name persons who reflect the diversity of the Canadian population to the roster of judges and to the roster of lay persons. 2023, c. 18, s. 12
Judges Act — J-1 85
Rosters available to public 85 The Council shall make the roster of judges and the roster of lay persons available to the public. 2023, c. 18, s. 12
Judges Act — J-1 86
Complaints 86 (1) Complaints may be made to the Council, in the form specified by the Council, in respect of a judge of a superior court for any reason referred to in paragraphs 80(a) to (d). Complaint by Council (2) The Council may make a complaint only if two of its members have reasonable grounds to believe that the public’s confidence in the impartiality, integrity or independence of the judge or of the judicial office of the judge could be undermined for any reason referred to in paragraphs 80 (a) to (d). Anonymous complaints (3) A complaint may be made anonymously, but such a complaint may be dealt with only if two members of the Council have reasonable grounds to believe that the public’s confidence in the impartiality, integrity or independence of the judge or of the judicial office of the judge could be undermined for any reason referred to in paragraphs 80 (a) to (d). 2023, c. 18, s. 12
Judges Act — J-1 87
Notice to complainant 87 The Council shall establish policies respecting the notifying of complainants of any decisions made under this Division. 2023, c. 18, s. 12
Judges Act — J-1 88
Designation 88 The Council may designate as a screening officer one or more persons, including a judge, who meets the criteria specified by the Council. 2023, c. 18, s. 12
Judges Act — J-1 89
Referral to screening officer 89 The Council shall refer every complaint to a screening officer, other than a complaint made by the Council itself or an anonymous complaint. 2023, c. 18, s. 12
Judges Act — J-1 90
Dismissal of complaint 90 (1) Subject to subsection (2), a screening officer may dismiss a complaint if they are of the opinion that it (a) is frivolous, vexatious or made for an improper purpose or is an abuse of process; (b) was not made for a reason referred to in paragraphs 80 (a) to (d); or (c) does not meet the other screening criteria specified by the Council. Screening criteria to be made public (2) The Council shall make public the screening criteria that it has established for the purpose of paragraph (1)(c). Restriction (3) A screening officer shall not dismiss a complaint that alleges sexual misconduct or sexual harassment or that alleges discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act . 2023, c. 18, s. 12
Judges Act — J-1 91
Referral to Council 91 If a screening officer does not dismiss a complaint, they shall refer it to the Council for the designation of a reviewing member. 2023, c. 18, s. 12
Judges Act — J-1 92
Designation 92 In the case of a complaint made by the Council itself or an anonymous complaint, or on receipt of a complaint referred to it under section 91 , the Council shall designate one of its members to review the complaint. 2023, c. 18, s. 12
Judges Act — J-1 93
Written submissions 93 The reviewing member shall give the judge who is the subject of the complaint an opportunity to make written submissions about the complaint within the time limit established by the Council for the purpose of this section. 2023, c. 18, s. 12
Judges Act — J-1 94
Dismissal of complaint 94 (1) The reviewing member shall dismiss the complaint if they are of the opinion that it should be dismissed for any reason set out in paragraphs 90 (1)(a) to (c) or that it is wholly without merit. Communication of dismissal (2) If the reviewing member dismisses the complaint, they shall inform the complainant in writing of their decision and the reasons for it. Exclusion (3) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose. 2023, c. 18, s. 12
Judges Act — J-1 95
Referral to Council 95 If the reviewing member does not dismiss the complaint, they shall refer it to the Council for the establishment of a review panel. 2023, c. 18, s. 12
Judges Act — J-1 96
Notice of decision 96 The reviewing member shall give notice of their decision to the judge who is the subject of the complaint and to the chief justice of the court of which the judge is a member. 2023, c. 18, s. 12
Judges Act — J-1 97
Provision of information 97 After the review panel is established, the reviewing member shall provide it with every document in their possession that relates to the complaint. The reviewing member may also provide the review panel with their observations about the complaint and their recommendations about how it should be resolved. 2023, c. 18, s. 12
Judges Act — J-1 98
Establishment 98 (1) Subject to subsection (2), on receipt of a complaint referred to it under section 95 , the Council shall establish a review panel consisting of the following persons designated by the Council to review the complaint: (a) a member of the Council; (b) a judge named in the roster of judges; and (c) a person named in the roster of lay persons. Direction to review new complaint (2) If a complaint is referred to the Council under section 95 and a review panel established to review a previous complaint involving the same judge has not yet made a decision in respect of that complaint, the Council may direct the review panel to also review the new complaint. 2023, c. 18, s. 12
Judges Act — J-1 99
Written submissions 99 The review panel shall give the judge who is the subject of the complaint and chief justice of the court of which the judge is a member an opportunity to provide written submissions within the time limit established by the Council for the purpose of this section. 2023, c. 18, s. 12
Judges Act — J-1 100
Basis of decisions 100 The review panel shall make its decision only on the basis of the substance of the complaint, any information provided under section 97 , any written submissions provided under section 99 and any other document that it considers relevant. 2023, c. 18, s. 12
Judges Act — J-1 101
Referral to Council 101 The review panel shall refer the complaint to the Council for the establishment of a full hearing panel if it determines that the judge’s removal from office could be justified. 2023, c. 18, s. 12
Judges Act — J-1 102
Dismissal of complaint or action 102 If the review panel does not refer the complaint to the Council under section 101 , it may dismiss the complaint or take one or more of the following actions if it considers it appropriate to do so in the circumstances: (a) issue a private or public expression of concern; (b) issue a private or public warning; (c) issue a private or public reprimand; (d) order the judge to apologize, either privately or publicly, by whatever means the panel considers appropriate in the circumstances; (e) order the judge to take specific measures, including attending counselling or a continuing education course; (f) take any action that the panel considers to be equivalent to any of the actions referred to in paragraphs (a) to (e); (g) with the consent of the judge, take any other action that the panel considers appropriate in the circumstances. 2023, c. 18, s. 12
Judges Act — J-1 103
Notice of decision and reasons 103 (1) The review panel shall give notice of its decision and the reasons for it to (a) the judge who is the subject of the complaint; (b) the chief justice of the court of which that judge is a member; and (c) the Council. Communication of dismissal (2) If the review panel dismisses the complaint, it shall inform the complainant in writing of its decision and the reasons for it. Exclusion (3) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose. 2023, c. 18, s. 12
Judges Act — J-1 104
Request to establish panel 104 If the review panel takes any action under section 102 , the judge who is the subject of the complaint may, within 30 days after the day on which the review panel sends the judge a notice informing the judge of its decision, request that the Council establish a reduced hearing panel to review the complaint. 2023, c. 18, s. 12
Judges Act — J-1 105
Provision of information 105 If a reduced hearing panel or a full hearing panel is established in respect of a complaint that was before a review panel, the review panel shall provide to the presenting counsel in respect of the hearing panel all the information that was before it and the decision and reasons it provided under section 103 . 2023, c. 18, s. 12
Judges Act — J-1 106
Designation 106 (1) When it establishes a reduced hearing panel or a full hearing panel, the Council shall designate one of its members to designate a lawyer of at least 10 years’ standing at the bar of any province to act as presenting counsel in respect of the hearing panel. Restriction (2) The member of the Council who designates the presenting counsel shall not be designated as any of the following: (a) a member of the reduced hearing panel or the full hearing panel; (b) a member of any appeal panel established in respect of any decision of the reduced hearing panel or the full hearing panel. Replacement (3) The presenting counsel may at any time be replaced by another presenting counsel designated in accordance with subsection (1). 2023, c. 18, s. 12
Judges Act — J-1 107
Role 107 The role of the presenting counsel consists of preparing a statement of allegations against a judge who is the subject of a complaint before a reduced hearing panel or full hearing panel, as the case may be, and presenting evidence. The presenting counsel is also responsible for bringing an appeal and presenting arguments in an appeal. 2023, c. 18, s. 12
Judges Act — J-1 108
Instructions 108 (1) The presenting council shall take instructions from the Council member who designated them. Absence or incapacity (2) In the event of the absence or incapacity of the Council member who designated the presenting counsel, the Council may designate another Council member to give instructions to the presenting counsel. 2023, c. 18, s. 12
Judges Act — J-1 109
Standards of conduct 109 In fulfilling their responsibilities, the presenting counsel shall conduct themselves in accordance with the standards and principles that govern the conduct of Crown prosecutors, with any modifications that may be necessary. 2023, c. 18, s. 12
Judges Act — J-1 110
Establishment 110 (1) Subject to subsection (2), on receipt of a request made under section 104 , the Council shall establish a reduced hearing panel consisting of the following persons designated by it to review the complaint to which the request relates: (a) a member of the Council; (b) a judge named in the roster of judges; and (c) a lawyer of at least 10 years’ standing at the bar of any province. Direction to review new complaint (2) If a request is made under section 104 by a judge who has previously made a request under that section and the reduced hearing panel established in respect of the previous request has not yet made a decision in respect of the complaint to which the previous request relates, the Council may direct the reduced hearing panel to also review the new complaint. 2023, c. 18, s. 12
Judges Act — J-1 111
Decision and reasons not considered 111 In considering the complaint, the reduced hearing panel shall not consider the decision of the review panel that caused the judge who is the subject of the complaint to make the request under section 104 or the reasons for that decision. 2023, c. 18, s. 12
Judges Act — J-1 112
Referral of complaint to Council 112 The reduced hearing panel shall refer the complaint to the Council for the establishment of a full hearing panel if it determines that the removal from office of the judge who is the subject of the complaint could be justified. 2023, c. 18, s. 12
Judges Act — J-1 113
Dismissal or actions 113 If the reduced hearing panel does not refer the complaint to the Council under section 112 , it may dismiss the complaint or take one or more of the actions referred to in paragraphs 102 (a) to (g) if it considers it appropriate to do so in the circumstances. 2023, c. 18, s. 12
Judges Act — J-1 114
Notice of decision and reasons 114 The reduced hearing panel shall give notice of its decision and the reasons for it to (a) the judge who is the subject of the complaint; (b) the chief justice of the court of which that judge is a member; (c) the Council; and (d) the presenting counsel. 2023, c. 18, s. 12
Judges Act — J-1 115
Decision and reasons made public 115 The Council shall make public the reduced hearing panel’s decision and the reasons for it, as soon as feasible after receiving them, if the reduced hearing panel’s hearings were public. If they were not public, the Council shall make public as much of the decision and reasons as possible having regard to the reasons for holding the hearings, or part of them, in private. 2023, c. 18, s. 12
Judges Act — J-1 116
Right of appeal 116 The judge to whom the complaint relates and the presenting counsel may respectively, within 30 days after the day on which the reduced hearing panel sends them a notice of its decision, file with the Council a notice appealing the decision. 2023, c. 18, s. 12
Judges Act — J-1 117
Establishment 117 (1) Subject to subsection (3), on receipt of a referral of a complaint made under section 101 or 112 , the Council shall establish a full hearing panel consisting of the following persons to review the complaint: (a) two members of the Council who are designated by it; (b) a judge named in the roster of judges who is designated by it; (c) a person named in the roster of lay persons who is designated by it; and (d) a lawyer who is a member of the bar of a province and who is designated in accordance with subsection (2). Designation of lawyer (2) The lawyer referred to in paragraph (1)(d) is to be designated by the Minister. However, if the full hearing panel is being established as the result of a request by the Minister under section 148 or the Minister does not designate a lawyer within 30 days after the day on which the Minister receives written notice from the Council that a full hearing panel is to be established, the lawyer is to be designated by the Council. Direction to review new complaint (3) If a complaint is referred to the Council under section 101 or 112, and a full hearing panel established to review a previous complaint or to consider a request made under section 148 involving the same judge has not yet made a decision in respect of the previous complaint or the request, the Council may direct the full hearing panel to also review the new complaint. 2023, c. 18, s. 12
Judges Act — J-1 118
Decision and reasons not considered 118 In considering the complaint, the full hearing panel shall not consider the decision of the review panel or reduced hearing panel, as the case may be, that led to the establishment of the full hearing panel, or the reasons for that decision. 2023, c. 18, s. 12
Judges Act — J-1 119
Removal justified 119 If the full hearing panel determines, on a balance of probabilities, that the judge’s removal from office is justified, it shall make a decision to that effect. 2023, c. 18, s. 12
Judges Act — J-1 120
Dismissal or action 120 If the full hearing panel determines, on a balance of probabilities, that the judge’s removal is not justified, it may dismiss the complaint or take one or more of the actions referred to in paragraphs 102 (a) to (g) if the full hearing panel considers that it is appropriate to do so in the circumstances. 2023, c. 18, s. 12
Judges Act — J-1 121
Notice of decision and reasons 121 The full hearing panel shall give notice of its decision and the reasons for it to (a) the judge who is the subject of the complaint; (b) the chief justice of the court of which that judge is a member; (c) the Council; and (d) the presenting counsel. 2023, c. 18, s. 12
Judges Act — J-1 122
Decision and reasons made public 122 The Council shall make public the full hearing panel’s decision and the reasons for it, as soon as feasible after receiving the decision, if the full hearing panel’s hearings were public. If they were not public, the Council shall make public as much of the decision and reasons as possible having regard to the reasons for holding the hearings, or part of them, in private. 2023, c. 18, s. 12
Judges Act — J-1 123
Right of appeal 123 The judge who is the subject of the complaint and the presenting counsel may respectively, within 30 days after the day on which the full hearing panel sends them a notice of its decision, file with the Council a notice appealing the decision. 2023, c. 18, s. 12
Judges Act — J-1 124
Rights 124 The judge who is the subject of a complaint that is before a hearing panel has the right to be heard, to cross-examine witnesses and to adduce evidence, in person or by counsel. 2023, c. 18, s. 12
Judges Act — J-1 125
Statement of allegation and notice 125 The judge who is the subject of a complaint that is before a hearing panel is to be provided with a copy of the statement of allegations prepared by the presenting counsel and given reasonable notice of the subject matter and the date, time and place of the hearings. 2023, c. 18, s. 12
Judges Act — J-1 126
Time in judicial office and salary 126 (1) For the purposes of calculating an annuity under Part I, if a full hearing panel decides that the removal from office of a judge who is the subject of a complaint is justified, the day after the day on which the judge is given notice of the full hearing panel’s decision is the day to be used to determine the number of years the judge has been in judicial office and the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement unless (a) the decision is set aside by a decision of the Supreme Court of Canada, or by the decision of an appeal panel if the appeal panel’s decision is final; (b) the Minister’s response under subsection 140 (1) provides that no action is to be taken to remove the judge from office; or (c) the matter of removal of the judge from office is put to one or both Houses of Parliament and is rejected by either of them. Contributions toward annuities (2) No reservations are to be made under section 50 from the judge’s salary in respect of the period that begins on the day after the day on which the judge is given notice of the full hearing panel’s decision, unless one of paragraphs (1)(a) to (c) applies, in which case the judge shall contribute an amount equal to the amount that would have been reserved from the judge’s salary had subsection (1) not applied. Salary increases (3) For greater certainty, nothing in subsection (1) is to be construed as removing from the judge any entitlement to a salary increase that takes effect on or after the day on which the judge is given notice of the full hearing panel’s decision. 2023, c. 18, s. 12
Judges Act — J-1 127
Powers 127 A hearing panel has all the powers vested in a superior court of the province in which the judge who is the subject of the complaint resides, including (a) the power to summon before it any witness and require them to give evidence on oath, orally or in writing or on solemn affirmation if they are entitled to affirm in civil matters, and to produce any documents and evidence that it considers necessary; and (b) the power to enforce the attendance of any witness and compel them to give evidence. 2023, c. 18, s. 12
Judges Act — J-1 128
Rules of evidence 128 A hearing panel is not bound by any legal or technical rules of evidence and may receive and base a decision on evidence presented in its hearings that it considers credible or trustworthy in the circumstances of the case. 2023, c. 18, s. 12
Judges Act — J-1 129
Hearings public 129 (1) A hearing panel’s hearings are to be public, but it may hold all or any part of its hearings in private if it considers doing so to be in the public interest. Prohibition of publication (2) A hearing panel may prohibit the publication of any information or documents placed before it, if it is of the opinion that such a publication is not in the public interest. 2023, c. 18, s. 12
Judges Act — J-1 130
Establishment 130 On receipt of a notice of appeal filed under section 116 or 123, the Council shall establish an appeal panel consisting of the following persons designated by it: (a) three members of the Council; and (b) two judges named in the roster of judges. 2023, c. 18, s. 12
Judges Act — J-1 131
Power 131 The appeal panel has all the powers vested in the court of appeal of the province in which the judge who is the subject of the complaint resides. It may, among other things, reverse, vary or affirm any decision of the reduced hearing panel or full hearing panel, as the case may be, and make any decision the hearing panel could have made. 2023, c. 18, s. 12
Judges Act — J-1 132
Hearings public 132 (1) The appeal panel’s hearings are to be public, but it may conduct all or any part of its hearings in private if it considers doing so to be in the public interest. Prohibition of publication (2) The appeal panel may prohibit the publication of any information or documents placed before it if it is of the opinion that such a publication is not in the public interest. 2023, c. 18, s. 12
Judges Act — J-1 133
Right to make submissions 133 The judge who is the subject of the appeal and the presenting counsel are each entitled to make oral and written submissions to the appeal panel. 2023, c. 18, s. 12
Judges Act — J-1 134
Nature of appeal 134 The appeal is to be heard on the basis of the record of the hearing panel whose decision was appealed and on any submissions made by the judge who is the subject of the appeal and the presenting counsel. The appeal panel may, in exceptional circumstances, admit additional evidence or testimony if, in its opinion, it is essential in the interests of justice to do so. 2023, c. 18, s. 12
Judges Act — J-1 135
Notice of decision and reasons 135 The appeal panel shall give notice of its decision and the reasons for it to (a) the judge who is the subject of the appeal; (b) the chief justice of the court of which that judge is a member; (c) the Council; and (d) the presenting counsel. 2023, c. 18, s. 12
Judges Act — J-1 136
Decision and reasons made public 136 The Council shall make public the appeal panel’s decision and the reasons for it, as soon as feasible after receiving them, if the appeal panel’s hearings were public. If they were not public, the Council shall make public as much of the decision and reasons as possible having regard to the reasons for holding the hearings, or part of them, in private. 2023, c. 18, s. 12