What is the Canadian Judicial Council?

The Canadian Judicial Council (CJC) is the federal body responsible for investigating complaints against federally appointed judges, providing judicial education, and promoting consistency in judicial conduct standards. The CJC was established by amendments to the Judges Act in 1971 and operates under sections 59 to 71 of the Act. The CJC complaint process is the principal mechanism for judicial discipline in Canada below the level of removal under section 99 of the Constitution Act, 1867.

The CJC is led by the Chief Justice of Canada (currently Richard Wagner, since December 2017) and includes the chief justices and associate chief justices of all federal-appointed courts: the Federal Court, Federal Court of Appeal, Tax Court, Court Martial Appeal Court, and the chief justices and associate chief justices of all provincial superior courts and courts of appeal. About 41 judges serve on the CJC at any given time.

The CJC investigates complaints from individuals, lawyers, and government officials about judicial misconduct. The complaint process has multiple stages. Complaints are first reviewed by the Chief Justice or his or her delegate. Complaints that appear to have merit go to a CJC Review Panel, which can dismiss, request explanation, refer to a Judicial Conduct Committee, or refer to a public inquiry by an Inquiry Committee. The Inquiry Committee can recommend dismissal of the complaint, an admonition or warning, or removal of the judge from office. Removal requires the joint address of both houses of Parliament under section 99 of the Constitution Act, 1867.

Bill C-9 of 2023 (the Judges Act amendments, in force June 22, 2023) modernised the CJC complaint process. Reforms include public reporting of complaint statistics, expanded ability to impose sanctions short of removal (such as public reprimand, leave, or apology), more efficient procedures, and clearer timelines. Notable historical CJC inquiries have included Justice Bienvenue (1996, the only judge removed by joint address since 1867 was actually Marc Bienvenue's case), Justice Cosgrove (2009 inquiry, withdrew before vote), Justice Theodore (2021 inquiry, removal recommended but judge resigned first), and various Justice Camp (2017 removal recommendation, judge resigned). The CJC also produces educational materials and the National Judicial Institute provides training programmes for federally appointed judges.