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    • Chief justice 'not comfortable' with lack of transparency over judicial complaints

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    OTTAWA -

    Canada's chief justice says he has asked the national body that oversees the conduct of judges to consider making the process for dealing with complaints more transparent.

    Richard Wagner expressed his concerns a day after Russell Brown retired from the Supreme Court of Canada, ending a probe into allegations of misconduct.

    At a news conference Tuesday, Wagner said he is "not comfortable" with the current complaint process administered by the Canadian Judicial Council because it is insufficiently clear for the public.

    Wagner, who as chief justice presides over the judicial council, asked, for instance, when the existence of a complaint or the text of a decision should be made public.

    "There's something opaque right now. And I'm not comfortable with that."

    The chief justice said he awaits passage of federal legislation, now before Parliament, aimed at making judicial oversight procedures more efficient and less costly. "I think that it would be in the best interest of the public, the best interest of the judiciary, and in the best interest of transparency."

    Wagner said it is scandalous that under the current system a complaint case can drag on for years at a cost of 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 judicial conduct committee in April to review its own regulations with an eye to increasing 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 work."

    The judicial council said Monday it no longer had jurisdiction to continue investigating allegations of misconduct concerning Brown that stemmed from an event at an Arizona hotel in January.

    Brown has vigorously denied accusations that he was intoxicated and harassed a group of people at an event at an upscale resort in Scottsdale, Ariz.

    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 Monday, Brown said that given the progress to date, it was not unreasonable to think that the process may continue well into next year.

    "While my counsel and I are confident that the complaint would have ultimately been dismissed, the continuing delay is in nobody's interests -- the Court's, the public's, my family's or my own."

    The judicial council told Wagner of the complaint against Brown on Jan. 31.

    The following day, after speaking with Brown, Wagner put him on leave from his duties at the Supreme Court effective immediately, while the council looked into the complaint. Wagner then notified Justice Minister David Lametti of this decision.

    Wagner indicated Tuesday he wrestled with the question of making word of the complaint against Brown public, since the judicial council regulations say that is up to the council to decide.

    Wagner said that's why he asked the council's conduct committee earlier this spring to examine the question, as he should not be bound by "a regulation that does not allow me to make it public."

    The chief justice played down the notion the allegations against Brown might reflect poorly on the court. He said the public should be comforted by the ethical principles set out for federally appointed judges and the fact there are procedures for reviewing the conduct of those on the bench.

    Wagner also disagreed with suggestions that because the review in Brown's case ended upon his resignation, Canadians are left without answers and a sense of closure to the episode.

    "The process is there and it's finished because the judge resigned," he said. "So there's no matter to deal with anymore."

    This report by The Canadian Press was first published June 13, 2023.

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