In clearing Justice Patrick Smith, Judge Russel Zinn rapped the Canadian Judicial Council for abusing its powers in a case that sparked widespread anger
TORONTO — A justice who accepted a temporary deanship of an Indigenous-focused law school did nothing wrong but was instead the victim of unfair treatment at the hands of the body that oversees judges, Federal Court ruled on Thursday.
Smith’s lawyer, Brian Gover, called on the council to apologize for its “overzealous and ill-advised pursuit” of the judge given that the court had “roundly denounced” the body’s treatment of his client. He also urged it not to appeal. Nevertheless, a judicial council review panel concluded Smith had violated Section 55 of the Judges Act, although it found he had no improper motives. Among other things, the act requires judges to devote themselves exclusively to their judicial duties and to avoid involvement in controversy or public debate that could expose them to political attack.
It was never the intention of Parliament in enacting section 55, to prohibit judges from all non-judicial activities Zinn was scathing in his assessment, finding the disciplinary procedure was “misused from the beginning.” He faulted the council’s executive director, Norman Sabourin, for even looking into the issue based ostensibly on a straightforward media report that had no criticism of Smith’s appointment.
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