Embattled Alberta and Quebec judges lose out in courts
Alberta Provincial Court Justice Donald Norheim loses judicial review of denied reappointment
Two judges on opposite sides of the country found no favour from the bench as they recently lost court challenges to their respective judicial predicaments.
In Alberta, Provincial Court Justice Donald Norheim launched three actions in the Court of Queen’s Bench, all stemming from his Chief Justice’s decision not to reappoint him another year as a part-time judge.
But all three were dismissed as an abuse of process by Queen’s Bench Justice Earl Wilson.
According to the ruling, Justice Norheim was already sitting part-time in the Provincial Court after hitting the mandatory retirement age of 70 for full-time judges, when he applied for a further one-year term under s.9.24(4) of the Provincial Court Act.
However, then-Provincial Court Chief Judge Terry Matchett exercised his discretion not to reappoint Justice Norheim, explaining in an August 2019 letter that he had taken into consideration “expressions of deep concern” from some lawyers and judges “regarding your publicly expressed personal views on certain issues, as well as your treatment of both counsel and individuals who appear before you in Court.”
“You have demonstrated attitudes and publicly expressed personal views regarding Indigenous accused, female victims of domestic assault, and consent in sexual assault cases which cause significant concerns for the perception of trial fairness before you. On numerous occasions you have also spoken to those who appear before you in a way that can only be described as rude and bullying,” the letter continued. “Regretfully, I have concluded that your continued service on this Court would not enhance its effective and efficient administration. I do thank you for your past service and wish you the best in your future endeavours.”
Justice Nordheim complained about the decision to the Alberta Judicial Council, alleging that the Chief Judge had followed the wrong statutory process, and that it was procedurally unfair.
However, after his complaint was dismissed, he turned to the courts, launching an application to quash Justice Matchett’s decision and order his reappointment. Further actions challenged the Provincial Court Act, alleging that the appointment process violates both sections 15 and 11 of the Charter.
That prompted the Provincial Court Chief Judge and the province’s Attorney General to act, and Justice Wilson granted their application to strike Justice Norheim’s actions.
“I am satisfied that all three actions filed by Judge Norheim are an abuse of process and constitute a collateral attack upon the decision of the Judicial Council, which decision was never challenged upon judicial review,” Justice Wilson wrote. “Accordingly, all three actions are struck.”
Meanwhile, Superior Court of Quebec Justice Gérard Dugré was recently rebuffed by a Federal Court judge in his latest challenge to Canadian Judicial Council proceedings against him.
Federal Court Justice Nicholas McHaffie struck out Justice Dugré’s application for judicial review of preliminary decisions by the CJC’s inquiry committee denying several of the judge’s requests, including for the recusal of certain members and the termination of the inquiry.
“[The application for judicial review must be struck out as premature. Like other orders to this effect by this Court and the Court of Appeal, this does not affect the applicant’s right to make submissions, and to challenge the decision of the Inquiry Committee, by way of judicial review once the administrative process is complete,” Justice McHaffie wrote.
According to a notice of allegations, none of which have been established, Justice Dugré faces a number of complaints regarding allegedly inappropriate and disparaging remarks made to parties and counsel appearing before him.
The notice also tasks the CJC’s inquiry committee with determining whether the judge’s tardiness in delivering judgment has become a chronic problem. According to the CJC, the former Superior Court’s then-chief justice had made previous complaints made about Justice Dugré in both 2010 and 2014. The first resulted in the appointment of a mentor to help him meet his deadlines, while the second complaint was closed when the judge cleared his backlog.
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