Acts and Regulations

P-21 - Provincial Court Act

Section 6.11
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Full text
Panel’s report, disposition by Judicial Council, removal of judge
Repealed: 2022, c.19, s.17
2022, c.19, s.17
6.11Repealed: 2022, c.19, s.18
1987, c.45, s.8; 2000, c.6, s.8; 2004, c.31, s.6; 2022, c.19, s.18
Panel’s report, disposition by Judicial Council, removal of judge
6.11(1)After the formal hearing, the panel shall report to the chairman its findings of fact and its findings as to the allegations of misconduct, neglect of duty or inability to perform duties of the judge whose conduct is in question.
6.11(2)The chairman shall place the report of the panel before the Judicial Council for a decision.
6.11(3)The Judicial Council shall
(a) give a copy of the report of the findings of the panel to the judge whose conduct is in question and the counsel for the panel, and
(b) advise both the judge and counsel to the panel of their right to make representations to the Judicial Council respecting the report before the taking of action by the Council under subsection (4).
6.11(3.1)Representations to the Judicial Council made under paragraph (3)(b) may be either in person or through counsel, if any, and either orally or in writing.
6.11(4)Based on the findings contained in the report and the representations, if any, made under subsection (3), the Judicial Council may
(a) dismiss the complaint,
(b) direct the chief judge to issue a reprimand to the judge with such conditions as the Judicial Council considers appropriate,
(c) where the conduct of the chief judge is in question, reprimand the chief judge with such conditions as the Judicial Council considers appropriate, or
(d) recommend to the Lieutenant-Governor in Council that the judge be removed from office.
6.11(5)Where the Judicial Council dismisses the complaint, it may make such order as to the reimbursement of the judge’s costs on the formal hearing as it considers appropriate and such reimbursement shall be paid from the Consolidated Fund.
6.11(6)The chief judge shall on the receipt of the Judicial Council’s directive under paragraph (4)(b) issue a reprimand with such conditions as the Judicial Council considers appropriate.
6.11(7)Failure on the part of a judge to comply with conditions imposed under paragraph (4)(c) or subsection (6) shall be deemed to constitute misconduct under section 6.
6.11(8)The Lieutenant-Governor in Council shall, on receipt of the Judicial Council’s recommendation under paragraph (4)(d), remove the judge from office.
6.11(9)Where a judge is removed from office, a copy of the Order in Council and all reports, evidence and correspondence relating to such removal shall be laid before the Legislative Assembly by the Minister if it is then sitting, or if not, at the next ensuing sitting.
1987, c.45, s.8; 2000, c.6, s.8; 2004, c.31, s.6
Panel’s report of findings
6.11(1)After the formal hearing, the panel shall report to the chairman its findings of fact and its findings as to the allegations of misconduct, neglect of duty or inability to perform duties of the judge whose conduct is in question.
Panel’s report of findings
6.11(2)The chairman shall place the report of the panel before the Judicial Council for a decision.
Panel’s report of findings
6.11(3)The Judicial Council shall
(a) give a copy of the report of the findings of the panel to the judge whose conduct is in question and the counsel for the panel, and
(b) advise both the judge and counsel to the panel of their right to make representations to the Judicial Council respecting the report before the taking of action by the Council under subsection (4).
6.11(3.1)Representations to the Judicial Council made under paragraph (3)(b) may be either in person or through counsel, if any, and either orally or in writing.
Disposition of matter by Judicial Council
6.11(4)Based on the findings contained in the report and the representations, if any, made under subsection (3), the Judicial Council may
(a) dismiss the complaint,
(b) direct the chief judge to issue a reprimand to the judge with such conditions as the Judicial Council considers appropriate,
(c) where the conduct of the chief judge is in question, reprimand the chief judge with such conditions as the Judicial Council considers appropriate, or
(d) recommend to the Lieutenant-Governor in Council that the judge be removed from office.
Disposition of matter by Judicial Council
6.11(5)Where the Judicial Council dismisses the complaint, it may make such order as to the reimbursement of the judge’s costs on the formal hearing as it considers appropriate and such reimbursement shall be paid from the Consolidated Fund.
Disposition of matter by Judicial Council
6.11(6)The chief judge shall on the receipt of the Judicial Council’s directive under paragraph (4)(b) issue a reprimand with such conditions as the Judicial Council considers appropriate.
Disposition of matter by Judicial Council
6.11(7)Failure on the part of a judge to comply with conditions imposed under paragraph (4)(c) or subsection (6) shall be deemed to constitute misconduct under section 6.
Removal of judge from office
6.11(8)The Lieutenant-Governor in Council shall, on receipt of the Judicial Council’s recommendation under paragraph (4)(d), remove the judge from office.
Removal of judge from office
6.11(9)Where a judge is removed from office, a copy of the Order in Council and all reports, evidence and correspondence relating to such removal shall be laid before the Legislative Assembly by the Minister if it is then sitting, or if not, at the next ensuing sitting.
1987, c.45, s.8; 2000, c.6, s.8; 2004, c.31, s.6