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w w w . C A N A D I A N L a w y e r m a g . c o m M A r C h 2 0 1 5 31 boil, the CJC asked the public for submis- sions for a "Review of Judicial Conduct Process of the Canadian Judicial Process." The submission period was only open for a few months and the submissions are not available to the public. Its 2013-14 annual report notes the "highlights of the input received" include more transparency, the involvement of lay people in the process as is the case in some other jurisdictions, and fewer intermediate steps in the process. CJC spokesperson Johanna Laporte says they "are currently in the drafting stages of new procedures and other accompanying regu- latory instruments, which we hope to have completed in the coming months." Incongruously, the CJC also lists as a highlight the suggestion that "a lawyer pre- senting the case to an inquiry committee should take an active role in trying to prove misconduct on the part of a judge," which is an attitude opposed by many and that got them in so much trouble in the Douglas matter. The Canadian Bar Association in its submission to the CJC disagrees, recom- mending the "role of independent counsel currently contemplated by CJC bylaws" be continued, and the "role of Committee Counsel should be reconsidered and pos- sibly eliminated in favour of an administra- tive coordinator. If it is to continue, the role should be limited to providing administra- tive support and legal advice, in a public forum, and not extend to questioning wit- nesses or drafting reasons." MacKenzie, who is also a past trea- surer of the Law Society of Upper Canada, points to the success Ontario and other jurisdictions have had with lay involve- ment in the discipline process. "The Ontario Judicial Council has had it for years and the law society has benefit- ted from it for more than 40 years," he says. When the CBA made its 16 key recommendations to the CJC, "one thing that became apparent was that the judi- cial councils at the provincial levels have been reformed to a much greater extent" including the addition of lay members, who bring "a distinct contribution and broader perspectives." Wachowich agrees. Lay people are important, he says, to remind the CJC "how your decisions are affecting the public or how are public are going to look at this." When asked if the question of lay involvement was ever considered in his 17 years on the CJC, he says, "I don't think it has ever come up." Everyone, including the CJC, has called for more transparency in its proceedings, but no one can agree on what that means, especially as the CJC clings to extreme con- fidentiality at the early stages of investiga- tions. Retired Ontario chief justice Patrick LeSage, who spent 15 years as a council member said, "a review of their procedure is timely and necessary." He previously observed the CJC is "a committee. It's not a court," and while he "likes and respects his colleagues on the CJC," the Douglas inqui- ry showed many flaws in how it sees itself. Wachowich says what is required is nothing less than "an examination of their conscience," but in his experience of 17 years on the CJC, "that is not being done." It remains to be seen whether the experience of the Douglas inquiry and call for reform will satisfy the need for what Wachowich calls "letting the light shine through the window once in a while." refl ecting on your specialty refl ects well on you ENHANCE YOUR EXPERTISE – AND YOUR VALUE – WITH A PROFESSIONAL LLM FROM OSGOODE. Put the focus on what interests you most. With leading academics, top practitioners and senior judges among our internationally renowned faculty, our programs offer you the unparalleled fl exibility to study with a network of your peers while practising full time. Customize your studies to suit your needs, either on site at our convenient downtown Toronto facility, or via videoconference from anywhere around the world. NOW ACCEPTING APPLICATIONS FOR 2015/2016 STARTS IN 12 SPECIALIZATIONS: > Administrative Law > Alternative Dispute Resolution > Business Law > Civil Litigation and Dispute Resolution > Constitutional Law > Criminal Law and Procedure > Energy and Infrastructure Law > Family Law > Health Law > Labour Relations and Employment Law > Tax Law > General LLM A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING Professional legal education the way it was meant to be. To learn more or to register for an Information Session, visit www.osgoodepd.ca today. ntitled-1 1 2015-02-11 9:57 AM

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