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Professionals - Indigenous. Gibbon v. Justice of the Peace Review Council
In Gibbon v. Justice of the Peace Review Council (Div Court, 2023) the Divisional Court considered (and dismissed) a JR against the decision and disposition of the 'Justice of the Peace Review Council' of a complaint about a justice of the peace's (JP) misconduct when her son was charged with an HTA offence. The JP was removed from office.
The applicant was indigenous and raised Gladue doctrine, which sets out a methodology for criminal sentencing of indigenous offenders - an application which was accepted by the tribunal although this was in an administrative/professional-discipline context. At paras 37-69 the court considers Gladue and the found misconduct in relation to the issues of: the role of indigenity in causation of the misconduct (1), non-participation in a healing circle (2), rehabilitation and the importance of having indigenous participation in the judicial system (3), remorse and it's absence (4-5), and credibility and judicial integrity (6):(c) The Proceedings Below
[30] On January 13, 2020, the Respondent received a complaint about the Applicant’s misconduct, as described above. As set out in the Amended Notice of Hearing (upon which the decisions below were based), the Applicant was alleged to have engaged in a pattern of conduct towards the prosecutor who had carriage of her son’s case, towards her judicial colleagues, and towards court staff, that constituted or gave the appearance of a failure to act with independence, impartiality and integrity in respect to court proceedings involving her son. It was further alleged that the pattern of inappropriate conduct undermined independence, impartiality and integrity of the Applicant’s judicial office.
[31] The hearing into these allegations took place over seven days on June 14-16, 18, July 4-5 and November 12, 2021. In the unanimous Merits Decision, dated February 7, 2021, the Review Council panel found that the Applicant had engaged in a pattern of conduct that, taken all together, constituted judicial misconduct. The Review Council panel heard submissions as to disposition on April 6, 2022 and May 24, 2022 and rendered their Disposition Decision on August 25, 2022. Subsequently, the Review Council made a recommendation for payment towards legal fees of the Applicant in connection with the proceedings before the Review Council.[4]
The Disposition Decision
(a) The Majority Decision
[32] The majority of the panel found that a recommendation that the Applicant be removed from office was necessary to restore public confidence in the administration of justice. (Disposition Decision, para. 121)
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