Complaints & inquiries before the judicial council

Last revised July 03, 2024

British Columbia

An inquiry tribunal may directly recommend removal of a judicial officer (i.e. judge, justices) without the need for any government involvement. However, this recommendation is subject to an appeal to the provincial Court of Appeal.

One of the statutory functions of the Judicial Council of the Provincial Court of BC is to conduct inquiries regarding the conduct of Judges and Justices of the Peace.

Section 11 of the Provincial Court Act, R.S.B.C. 1996, c. 379 provides that all complaints respecting Judicial Officers must be made in writing to the Chief Judge who, after examining the complaint, must report in writing to the complainant and to the Judicial Officer.

After examination, the Chief Judge decides on the appropriate course of action.  If the Judicial Officer's behaviour was deemed appropriate, an explanation will be given.  If conduct was determined to be inappropriate, an acknowledgement of the complaint with an expression of apology will be extended to the complainant.  A large majority of matters conclude at this stage.

However, if the misconduct gives rise to issues that the Chief Judge considers warrant further action, the Provincial Court Act requires the Chief Judge to conduct an investigation with respect to the fitness of the Judicial Officer to perform his/her duties.  The Attorney General may also order that an inquiry be held. 

Within 14 days of being notified of an inquiry, the judge or justice involved must elect as a tribunal to conduct the inquiry either the council, or a judge of the Supreme Court to be designated by the Chief Justice of the Supreme Court.

In conducting an inquiry, the tribunal may consider all matters relating to a judge or justice that are relevant to the fitness of the judge or justice to perform his or her duties including the following:

• mental or physical disability;
• misconduct;
• failure in the execution of his or her office;
• conduct incompatible with the due execution of his or her office

An inquiry under this Act must be held in public unless the tribunal considers, in the public interest, that the inquiry or any part of it should be held in private. At the conclusion of an inquiry, the tribunal may order:

• reinstatement of the judge or justice, with or without a reprimand,
• suspension of the judge or justice, with or without salary, for a further period of not longer than 6 months, or
• removal of the judge or justice from office.

Section 28(3) states that "The tribunal must promptly notify the judge or justice involved, the chief judge and the Attorney General in writing of its order and the reasons for the order and must forward a copy of the order and reasons to the registrar of the Supreme Court, Vancouver, for publication."

Within 30 days after the notice under section 28 (3) was mailed or personally served on him or her a judge or justice may appeal to the Court of Appeal, and the Attorney General is respondent in the appeal.

According to the complaints process area of the Provincial Court website, "in the history of the Court, very few investigations have reached the inquiry stage."

Other Provinces

The requirements to remove a judge vary provincially.

In Ontario, after the judicial council has recommended that a judge be removed, it provides a copy of its recommendation to the Attorney General who must table it before the Assembly. An order removing a provincial judge from office may be made by the Lieutenant Governor on the address of the Assembly.  See the Courts of Justice Act, R.S.O. 1990, c. C.43, s. 51.8.

In other provinces, the government makes the decision to remove a judge without a prior address of the legislature, but is bound by the recommendation of the judicial council.

In Alberta and Saskatchewan the Lieutenant-Governor in Council may make an order for that purpose only upon a recommendation of the judicial council. See the Judicature Act, R.S.A. 2000, c. J-2, ss. 37 (2) (h), 38 (2), 41 and Provincial Court Act, 1998, S.S. 1998, c. P-30.11, ss. 62(2)(a), 62(7), respectively.

In Manitoba, if the judicial council recommends that the judge be removed, the Lieutenant Governor in Council must act on the recommendation.  See the Provincial Court Act, R.S.M. 1987, c. C275, ss. 39.1(1)(h), 39.4.

Every Canadian province has taken the necessary measures to ensure that provincial court judges are secure against any discretionary interference by the Executive, in that the Executive remains bound by the finding of a judicial inquiry body exonerating a judge.  See Therrien c. Québec (Ministre de la justice) (2001), [2001] 2 S.C.R. 3 (S.C.C.).

The Canadian encyclopedia digest also discusses this topic in the Constitutional Law volume. This can be found in chapter VIII, The Constitution Act, 1967 – Subject Matters of Legislation, Part 1 –Administration of Justice, (e) Appointment and Renumeration of Judges, paragraph §202.