The appellant judge challenged the disciplinary framework governing complaints before the Conseil de la magistrature after the Chief Judge filed a complaint based on her public statements and conduct.
The majority held that the statutory scheme permitting the Chief Judge to initiate a complaint did not breach the constitutional guarantees of judicial independence and impartiality under s. 7 of the Canadian Charter or s. 23 of the Quebec Charter, and did not create either institutional bias or a reasonable apprehension of bias on the facts.
The Court characterized the disciplinary process as investigative rather than adversarial and held that the Chief Judge’s administrative and moral authority did not disqualify the Conseil or Comité.
The Court further held it was premature to rule on the freedom of expression challenge to the ethical duty of reserve, but concluded that the rule was not void for vagueness.
