Judge who took Ontario law school post broke rules, review finds, but no sanction

Following the panel’s findings, it was left to the chairman of the council’s conduct committee, Quebec’s Associate Chief Justice Robert Pidgeon, to decide on next steps. Pidgeon said he agreed with the panel and, given that Smith had already resigned from the dean’s post, the council needed to take no further action against him.

Smith had no comment on Tuesday but his lawyer, Brian Gover, expressed dismay the council had rendered its decision despite the judge’s request to Federal Court to review the matter. The council, Gover said, should have waited for the court review, which is likely to be heard early next year.

“We expect to proceed with the application for judicial review and our motion for the production of the CJC’s entire (Smith) file,” said Gover, who called the council process “completely unsatisfactory.”

Gover had previously said the legal community was in shock at the CJC’s review and called the decision to go ahead with the investigation without a complaint a “strange irregularity.”

Norman Sabourin, the executive director of the council, said in an interview that he stood by his decision to launch the probe. Sabourin said council is obligated to act whenever judicial misconduct is suspected.

“The report of the review panel makes clear there was an issue with the judge’s conduct,” Sabourin said from Ottawa. “It’s also beneficial that there is clear understanding now of the obligations for judges.”

Sabourin refused to comment on the judicial review issue, saying council took the position Federal Court had no jurisdiction over its proceedings. The public interest required the council to complete its work, Sabourin said.

Some Indigenous leaders objected when Lakehead invited Smith in April to take on a six-month appointment as academic dean of the Bora Laskin Faculty of Law after the previous dean, Angelique Eagle Woman, alleged systemic racism at the school and resigned.

The interim appointment, approved by the province’s chief justice and which drew no objections from the federal government, was intended to fill the role only until Eagle Woman’s permanent replacement could be found. Smith took up the post June 1 but resigned three months later.

The fact that Smith took leave from the courtroom did not remove the prohibition against carrying on extra-judicial duties, the panel said.

“Justice Smith has an ethical obligation as a judge to avoid involvement in public debate that may unnecessarily expose him to political attack or be inconsistent with the dignity of judicial office,” the review panel said in its report.

“There were also reputational risks to Justice Smith and to the Ontario Superior Court of Justice associated with lending their support to the faculty of law at Lakehead during a time of crisis.”

At the same time, the panel decided the conduct was not serious enough to warrant his removal from the bench.

Colin Perkel, The Canadian Press

by Canadian Press

Judge who took Ontario law school post broke rules, review finds, but no sanction

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