Acts and Regulations

P-21 - Provincial Court Act

Full text
Review committee
2022, c.19, s.6
6.54(1)A review committee appointed by the chair to conduct an inquiry under this Act shall
(a) consist of three members of the Judicial Council, one of whom shall be a person appointed to the Judicial Council in accordance with paragraph 6.1(1)(e), and
(b) have one member, other than a judge of the court, designated by the chair as the chair of the review committee.
6.54(2)The chair of the review committee shall appoint a member of the Law Society of New Brunswick to act as counsel to the review committee.
6.54(3)The appointment of the counsel to the review committee may be revoked at any time and another member of the Law Society of New Brunswick may be appointed as a replacement.
6.54(4)Before appointing a member of the Law Society of New Brunswick to act as counsel, the chair of the review committee shall obtain approval of the Minister for the hourly or other rate of professional fees and disbursements to be paid to the member of the Law Society of New Brunswick.
6.54(5)When a review committee is deciding any matter
(a) a decision by a majority of the members is a decision of the review committee, and
(b) all deliberations shall be held in private.
6.54(6)For the purposes of an inquiry, the chair of the review committee may, by summons, require the attendance before the review committee of any person whose evidence may be material to the subject of the inquiry and may order any person to produce any papers and documents that appear necessary.
6.54(7)A person summoned under subsection (6) shall attend and answer all questions put by the counsel to the review committee respecting the subject of the inquiry and shall produce any papers and documents that the counsel to the review committee requires.
6.54(8)When a person summoned under subsection (6) fails to comply with the requirements of subsection (7), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.
6.54(9)For the purposes of an inquiry, the counsel to the review committee shall inquire into the allegations of misconduct, neglect of duty or inability to perform the duties of a judge whose conduct is in question for the purpose of gathering all information that may be relevant and present its findings to the review committee.
6.54(10)Following its review of the findings of counsel, a review committee may
(a) dismiss the complaint if the review committee 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 for a formal hearing before the Judicial Council and provide a report of their findings to the chair.
6.54(11)When a complaint is dismissed by a review committee, the review committee shall advise the chair that no further action shall be taken and shall give written reasons for its decision and provide the reasons to the complainant and the judge whose conduct is in question.
6.54(12)When a complaint is not referred by a review committee to a formal hearing before the Judicial Council, the review committee shall report to the chair its findings as to the allegations of misconduct, neglect of duty or inability to perform the duties of the judge whose conduct is in question.
6.54(13)The determinations and findings of a review committee referred to in subsections (11) and (12) are not subject to review by the Judicial Council.
6.54(14)A review committee shall complete the inquiry and make its decision within 30 business days of the review committee being appointed.
2022, c.19, s.6