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30 M A r C h 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m repeated in the media and by Douglas' counsel and relitigating Mosley's decision. When faced with these setbacks, the inquiry committee and the CJC had sim- ply overturned the card table. In letters to Block immediately following Mosley's decision, the CJC took the narrowest possible view of which activities of inde- pendent counsel were not covered by solicitor-client privilege and largely stuck to its own interpretation. The media noted how the more Douglas defended, the more procedurally petulant the CJC became. An independent inquiry process became adversarial and intractable. Tactics began to resemble those used in a bitter divorce. It empanelled a new inquiry committee March 13, 2014 — now with only three members: Quebec Superior Court Chief Justice François Rolland as chairman, Supreme Court of British Columbia Associ- ate Chief Austin Cullen, and Stewart McK- elvey partner Christa Brothers. On April 22, it appealed Mosley's decision. The original complaint of sexual harassment of Chapman was dropped. On Sept. 4, the CJC added complaints against Douglas, now alleging misuse of her judge's expense allowance for claim- ing $6,400 worth of medical claims, and four economy flights to Toronto to con- sult with Block during the CJC inquiry. Her lawyer was quick to point out the expenses were approved by the Commis- sioner for Federal Judicial Affairs over the more than three years of the CJC pro- ceedings against Douglas. This final kick at the beleaguered judge showed how far things had degenerated. Finally on Oct. 1, 2014, Douglas brought a motion before the new panel to dismiss parts of the complaint, move the hearings out of Manitoba, return and declare the nude photos inadmissible, and seal her medical records. On Nov. 4, the committee denied the motion and on Nov. 19 ruled her psychiatric records were to be provided to the new independent counsel, Suzanne Côté, who eight days later was appointed to the Supreme Court of Canada. The following day, Douglas tendered her resignation, effective May 21, 2015, and the inquiry was adjourned to that date. The next day, an order staying the deci- sion of the inquiry committee regarding the admissibility of the photographs was issued by the Federal Court. As a condition of the arrangement, which allows Douglas to retire with pension at 10 years and one day of service, she undertook "not to comment on this matter." The costs to the CJC were at least $3 million — with bills still coming in. 'A COMPLETE EMBARRASSMENT' According to Allan H. Wachowich, former chief justice of the Alberta Court of Queen's Bench and a member of the CJC from 1993 to 2010, the Douglas case "was a complete embarrassment in many ways." While his experience on the CJC was that the major- ity of judicial complaints have no basis, he also feels the CJC suffers from a lack of introspection. "I don't remember them ever having a session saying: 'In light of what we've done in the last five years where can we improve?' They need to have that self- examination, and from what I know, they're not doing that." Where next for the CJC? In early 2014, while the Douglas inquiry was still on the Order # 986332-65203 $241 Hardcover approx. 1000 pages June 2014 978-0-7798-6332-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227XB-A48902 Gain a sharp, clear explanation of the principles underlying significant developments in the field with Principles of Administrative Law, 6th Edition. First published in 1985, this seminal work has been cited with approval by every level of court in the country and is considered to be the field's leading text. Get a concise treatment of all important topics, including constitutional considerations, the concept of a statutory delegate, the acquisition of jurisdiction, procedural fairness, discretionary powers, standards of review, and public and private law remedies against governmental action. New in this edition The authors examine the important recent developments in administrative law, including the implications of the Supreme Court of Canada decision in Dunsmuir. All chapters have been updated and Chapter 16 (Private Law Remedies and the Tort Liability of Public Authorities) has been completely rewritten. The classic work cited with approval by all levels of court Principles of Administrative Law, 6th Edition David Phillip Jones, Q.C., and Anne S. de Villars, Q.C. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800

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