Infographic: Managing Complaints of Misconduct against Judges-Amendments to the Judges Act

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Infographic: Managing Complaints of Misconduct against Judges-Amendments to the Judges Act
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On June 23, 2023, amendments to the Judges Act to restructure the judicial complaints process received Royal Assent and came into force. The changes create mandatory sanctions when a complaint of misconduct against a judge is justified, but would not warrant removal from the bench. The process for more serious complaints – where removal from the bench could be an outcome – has also been amended and streamlined.

Previous process
(Established in 1971)		 New process (now in place)
When complaint is received:
Canadian Judicial Council (CJC) Executive Director conducts initial screening.   Canadian Judicial Council (CJC) screening officer conducts initial screening.  
1 CJC member conducts initial review and either dismisses complaint, or refers it to Review Panel if removal may be warranted.
If misconduct is less serious, may negotiate with judge for appropriate remedy.		   1 CJC member conducts initial review and either dismisses complaint if wholly without merit or refers it to three-member Review Panel.  
  • conducts investigation
  • refers to Inquiry Committee if removal could be warranted
Review Panel:		 Review Panel membership:
  • 3 CJC members
  • 1 judge
  • 1 layperson
 Review Panel:
  • may dismiss complaint or impose sanctions short of removal
  • must refer to Full Hearing Panel if complaint might warrant removal
 Review Panel membership:
  • 1 CJC member
  • 1 judge
  • 1 layperson
    Reduced Hearing Panel (no removal):
  • Judge can appeal the Review Panel’s decision to the Reduced Hearing Panel, which can affirm, vary or overturn sanctions or refer to Full Hearing Panel if removal might be warranted
 Reduced Hearing Panel membership:
  • 1 CJC member
  • 1 judge
  • 1 lawyer
Inquiry Committee: may recommend removal, but cannot recommend any other sanctions. Issues report to rest of CJC, which issues final report with recommendation on removal to the Minister of Justice. Inquiry committee membership: 3 or 5 members
  • majority CJC judges; minority lawyers designated by the Minister of Justice.
Rest of CJC: at least 17 CJC members with no prior involvement in considering the complaint.		 Full Hearing Panel (if removal is possible):
  • may find that judge’s removal is justified
  • provides report and recommendation on removal of judge to the Minister of Justice consistent with decisions by Appeal Panel and Supreme Court of Canada (if any)
 Full Hearing Panel membership:
  • 2 CJC members
  • 1 judge
  • 1 lawyer
  • 1 layperson
Judicial Review of CJC’s report to Minister: Judge can appeal CJC’s recommendation through as many as three consecutive levels of Judicial Review. Appeal Process:
  • Federal Court
  • Federal Court of Appeal
  • Supreme Court of Canada (with leave)
 Appeal Panel:
  • any Hearing Panel decision can be appealed to Appeal Panel, and from there to the Supreme Court of Canada (with leave)
 Appeal Panel membership:
  • 3 CJC members
  • 2 judges
Minister of Justice may initiate removal of judge. May respond publicly to report.   Minister of Justice may initiate removal of judge and must respond publicly to Full Hearing Panel report.  

The previous process was set out for the most part in CJC policy instruments and bylaws; the new process is now set out in the Judges Act.