Judicial Complaint Process SCSM

Courts of Justice Act, R.S.O. 1990, c. C.43

33.1 (1) Any person may make a complaint alleging misconduct by a deputy judge, by writing to the judge of the Superior Court of Justice designated by the regional senior judge in the region where the deputy judge sits.

(2) The judge shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it falls outside the jurisdiction of the regional senior judge, is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given.

(3) The judge shall notify the regional senior judge, the complainant and the deputy judge in writing of a dismissal under subsection (2), giving brief reasons for it.

(4) If the complaint is not dismissed, the judge shall refer it to a committee consisting of three persons chosen by the regional senior judge.

(5) The three persons shall be a judge of the Superior Court of Justice, a deputy judge and a person who is neither a judge nor a lawyer, all of whom reside or work in the region where the deputy judge who is the subject of the complaint sits.

(6) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and deputy judge shall be given an opportunity to make representations to the committee, in writing or, at the committee’s option, orally. 1994, c. 12, s. 13.

(7) The committee shall make a report to the regional senior judge, recommending a disposition in accordance with subsections (8), (9) and (10). 1994, c. 12, s. 13.

(8) The regional senior judge may dismiss the complaint, with or without a finding that it is unfounded, or, if he or she concludes that the deputy judge’s conduct presents grounds for imposing a sanction, may,

(a) warn the deputy judge;

(b) reprimand the deputy judge;

(c) order the deputy judge to apologize to the complainant or to any other person;

(d) order that the deputy judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a deputy judge;

(e) suspend the deputy judge for a period of up to 30 days;

(f) inform the deputy judge that his or her appointment will not be renewed under subsection 32 (2);

(g) direct that no judicial duties or only specified judicial duties be assigned to the deputy judge; or

(h) remove the deputy judge from office. 1994, c. 12, s. 13.

(9) The regional senior judge may adopt any combination of the dispositions set out in clauses (8) (a) to (g). 1994, c. 12, s. 13.