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TORONTO – A respected Ontario Superior Court judge has broken the rules by accepting a temporary position as a dean at an aboriginal law school, but does not deserve to lose his job, a report said on Tuesday.
The review, which triggered an intense and ongoing response, revealed that Judge Patrick Smith may have been well-intentioned but would have had to refuse to become acting dean at Lakehead University in Thunder Bay, Ontario.
"It's not a case of misbehavior or inappropriate motives," concluded the Canadian Judicial Council panel. "Justice Smith was motivated by a sincere desire to use his skills, background and experience to badist the faculty in times of crisis."
According to the panel, Smith violated section 55 of the Judges Act. In particular, the law obliges judges to devote themselves exclusively to their judicial functions and to avoid any involvement in a controversy or public debate that may expose them to political attacks.
Following the committee's findings, the Chair of the Board's Conduct Committee, Quebec Associate Chief Justice Robert Pidgeon, was asked to decide on next steps. Pidgeon stated that he agreed with the panel and that since Smith had already resigned from his position as Dean, the Board did not need to take further action against him.
Smith made no comment Tuesday, but his lawyer, Brian Gover, was appalled by the fact that the board had made its decision despite the Federal Court judge's request to re-examine the case. The board, said Gover, should have waited for the court review, which should be heard early next year.
"We are planning to proceed with the application for judicial review and our request for the production of the CJC's (Smith's) file as a whole," said Gover, who described the board process as "completely unsatisfactory".
Gover had previously said that the legal community was shocked by the CJC's review and had called the decision to pursue the investigation without complaint of being labeled "strange irregularity".
Norman Sabourin, executive director of the board, said in an interview that he was sticking to his decision to launch the investigation. Sabourin said the board is obligated to act whenever judicial misconduct is suspected.
"The review panel report makes it clear that the judge's conduct was problematic," said Sabourin of Ottawa. "It is also beneficial to understand the obligations of judges."
This is not a case involving bad behavior or inappropriate motives
Sabourin declined to comment on the judicial review issue, saying the council had taken the position that the Federal Court had no jurisdiction over its proceedings. The public interest requires the council to complete its work, said Sabourin.
Some Aboriginal leaders objected to Lakehead's Lakehead invitation in April to serve as Dean of Bora Laskin Law School, appointed Dean of Bora Laskin Law School, after resigning from her post Dean, Angelique Eagle.
The interim appointment, approved by the Chief Justice of the province and not objected to by the federal government, was intended to serve only until the permanent replacement for Eagle Woman could be found. . Smith took office on June 1 but resigned three months later.
The fact that Smith has taken leave from the courtroom has not allowed to lift the ban on performing extrajudicial functions, the court said.
"As a judge, Justice Smith has an ethical obligation not to participate in a public debate that could unnecessarily expose him to political attacks or be incompatible with the dignity of judicial office," said the judge. review committee in its report.
"Justice Smith and the Ontario Superior Court of Justice also risked compromising their reputation by lending their support to Lakehead Law School in times of crisis."
At the same time, the committee decided that the conduct was not serious enough to warrant his removal from court.
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