The Federal Court of Appeal has rebuked Canada’s chief justices after they argued that the disciplinary actions they take against judges should not be scrutinized by the courts.
The appeal court, upholding a scathing ruling last summer from Federal Court Justice Simon Noël, said the opposite was true. Judicial review is designed as a check on the power of the state. But the judicial council said that it is independent, as a body of judges, and does not represent the state. In response, the Federal Court of Appeal said the judicial council is no different than any board, commission or tribunal, created by statute.Gérald Tremblay, a Montreal lawyer representing Justice Girouard, called it a landmark decision.
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