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opinion LE G AL E TH IC S BY PHILIP SLAYTON The professional death penalty Justice Ted Matlow acted intemperately, but removing him from the bench would be too harsh a punishment. BY PHILI P SLAY TON Council inquiry committee. Under the Judges Act, the CJC has the authority to investigate complaints about federally appointed judges. The inquiry committee character- I ized Matlow's conduct as "manifestly and totally contrary to the impartial- ity, integrity and independence of the judiciary." It recommended that he be removed from office, a punishment de- scribed by his lawyer, Paul Cavalluzzo, as "the professional death penalty." Matlow has been a judge since 1981, and testi- fied at the inquiry hearing that he had wanted to be a judge since he was eight years old. In mid-July, Matlow appeared before 21 members of the council — all chief justices or associate chief justices of Canada's superior courts — to make a final plea as to why his conduct in op- posing a development in his community shouldn't lead to his dismissal. Why would anyone want to defrock an apparently dedicated and respect- ed 68-year-old supernumerary judge, bringing his professional life, already drawing to a close naturally, crashing down in ignominious ruins? What on earth did Ted Matlow do to justify the www. C ANADIAN Law ye rmag.com SEPTEMBER 2008 33 n May, Ontario Superior Court judge Ted Matlow was found guilty of misconduct by a Canadian Judicial ILLUSTRATION: PETER FERGUSON