Acts and Regulations

P-21 - Provincial Court Act

Full text
Powers of Judicial Council re a formal hearing
2022, c.19, s.6
6.57(1)Following a formal hearing, the Judicial Council shall
(a) dismiss the complaint,
(b) impose one or more of the sanctions referred to in subsection (2), or
(c) recommend to the Lieutenant-Governor in Council that the judge whose conduct is in question be removed from office.
6.57(2)The Judicial Council may impose on a judge whose conduct is in question any one or more of the following sanctions it considers appropriate in the circumstances:
(a) issue a reprimand;
(b) order that the judge whose conduct is in question apologize to the complainant or to any other person;
(c) suspend the judge whose conduct is in question from the performance of the judge’s duties, without pay, for a period of up to 90 days;
(d) suspend the judge whose conduct is in question from the performance of the judge’s duties, with pay and with or without conditions, for a period of time it considers appropriate;
(e) order that, as a condition of continuing to sit as a judge, the judge whose conduct is in question take specified measures, including receiving counselling, treatment or instruction;
(f) require the judge whose conduct is in question to report to the chair concerning compliance with an order made by the Judicial Council; and
(g) impose any other non-monetary sanction.
6.57(3)When a recommendation is made to the Lieutenant-Governor in Council under paragraph (1)(c), the Judicial Council may suspend the judge whose conduct is in question or may continue a suspension until the judge is removed from office.
6.57(4)Failure on the part of a judge whose conduct is in question to comply with a sanction imposed under this section shall be deemed to constitute misconduct under section 6.
6.57(5)A decision of the Judicial Council made under this section shall be in writing and provided to the complainant and the judge whose conduct is in question.
6.57(6)The chair may request that any person involved in providing specified measures to a judge referred to in paragraph (2)(e) provide an update on the progress made by the judge.
2022, c.19, s.6