Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 7 9 T he chief justice of the Ontario Superior Court voiced concern after the Canadian Judicial Council ordered a new look into the complaints against a judge who had become involved in a long-standing land claim dispute in an area where his family has a cottage. Chief Justice Heather Smith ques- tioned whether the Canadian Judicial Council was acting within its powers when it decided to reconsider com- plaints filed against Superior Court Justice Frank Newbould that it had previously dismissed. Smith raised "serious concerns" about the complaint process in a Sep- tember 2016 letter to the judicial coun- cil. In the letter, the judicial conduct committee was also asked to consider the "appropriateness" of a decision last spring by Robert Pidgeon, senior associ- ate chief justice of the Quebec Superior Court, to order a new look into the complaints against Newbould. Following the decision by Pidgeon, the matter was sent to a judicial council review panel. In a ruling dated Feb. 8, it unani- mously decided to appoint an inquiry committee to consider allegations that "if proven" could result in a recommen- dation that Newbould be removed from the bench. In a statement issued after the review panel's conclusion was made public on Feb. 13, his lawyer Brian Gover suggested the issue was about perception. "Justice Newbould apologized in 2014 due to the perception caused by the fact he is a judge," said the statement. The judge has since filed an applica- tion in Federal Court asking it to quash the review panel's decision on the basis that it exceeded its jurisdiction. \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP Ontario Superior Court Chief Justice Heather Smith JUDICIAL COUNCIL AND ONTARIO CHIEF JUSTICE AT ODDS OVER COMPLAINTS PROCESS AGAINST JUDGE Continued on page 10 OsgoodePD is proud to introduce the ITAW Advanced Skills Series Advance your advocacy skills in our new series of programs that focus on learn-by-doing, in-depth exploration of best practices, and direct feedback from expert faculty. Developed by the designers of the renowned Intensive Trial Advocacy Workshop (ITAW), this new series will give you the competitive edge and confidence you need to excel. Upcoming Workshops: • CROSS-EXAMINATION (May 16, 2017) • EXAMINATIONS FOR DISCOVERY (June 8, 2017) Learn more at osgoodepd.ca/itaw-advanced-skills OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. ntitled-12 1 2017-03-15 1:53 PM

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