Acts and Regulations

P-21 - Provincial Court Act

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Powers of chief judge when complaint made
2022, c.19, s.6
6.521(1)When a complaint is made to the chief judge under section 6.511, the chief judge shall review the complaint and
(a) dismiss the complaint if the chief judge considers that
(i) the complaint is frivolous or vexatious,
(ii) the complaint does not contain any allegations of misconduct, neglect of duty or inability to perform the duties of the judge whose conduct is in question, or
(iii) there is not sufficient evidence to support the complaint,
(b) attempt to resolve the complaint, with the agreement of the complainant and the judge whose conduct is in question, including through mediation, or
(c) refer the complaint to the chair with a recommendation that the complaint
(i) be dismissed,
(ii) be resolved, with the agreement of the complainant and the judge whose conduct is in question, including through mediation, or
(iii) be referred to a review committee to conduct an inquiry.
6.521(2)If an attempt to resolve a complaint under paragraph (1)(b) fails, the chief judge shall refer the complaint to the chair who shall
(a) dismiss the complaint, or
(b) appoint a review committee to conduct an inquiry.
6.521(3)Any discussions between the chief judge and the judge whose conduct is in question respecting the complaint are confidential and shall not be disclosed by the chief judge to the Judicial Council.
6.521(4)The chief judge shall complete the review of a complaint and provide to the complainant and the judge whose conduct is in question a copy of the written reasons of the chief judge’s decision within 20 business days of the complaint being made.
6.521(5)If the chief judge dismisses a complaint under paragraph (1)(a), the complainant may request that the complaint be referred to the chair for review under section 6.53.
2022, c.19, s.6