According to your publication entitled THE CONDUCT OF JUDGES AND THE ROLE OF THE CANADIAN JUDICIAL COUNCIL, your Petitioner herein understands that the Council has as its mandate the review of the conduct of judges.

Notwithstanding the fact that "the distinction between conduct and decisions is fundamental", your Petitioner proposes that it must be admitted that the conduct of a judge precedes, underscores and gives a framework to the manner in which he renders decisions. In that light, decisions themselves, as well as the manner in which they are arrived at, may illuminate the conduct which informs them, even if the Canadian Judicial Council does not revise the decisions themselves.

There is also the case where what seems, prima facie, to be a decision, is not a judicial act at all: on account of malice, bias, mens rea and functus officio, such an act may be a private act, an extrajudicial act, an unconstitutional act, and one that is illegal.

That being said, the Judges subject of this present Complaint may be exposed not only to the necessary legal remedies in terms of their judicial functions, but may also be excluded from judicial immunity for their acts. Moreover, as has been written by Antoine GARAPON, Magistrat, secrétaire général de l'Institut des Hautes Études sur la Justice IHEJ, de l'École nationale de la Magistrature in France :

"Enfin, si la faute est particulièrement grave, le juge peut voir sa responsabilité pénale engagée, comme n'importe quel citoyen."

The quality of federal judgeship is reliant on the Constitutionality of the incumbent's acts. Therefore, even an act carried out while wearing the robes, presiding in chambers or in the Practise Division, if it does not meet the test of Constitutionality, may be illegitimate, and may also be illegal.

This being said, your undersigned Petitioner hereby files the present COMPLAINT in virtue of Articles 65(2)(b), (c) and (d), Part II, Judges Act, in regard to the censurable conduct of the following Judges of the Superior Court of Quebec :

. The Hon. Chief Justice, Lyse Lemieux
. The Hon. Claude Tellier
. The Hon. Nicole Bénard
. The Hon. Pierre Tessier

The conduct of these four (4) federally appointed Judges is of serious concern, and renders them unfit for the bench, such that our system of justice - a Parliamentary democracy - must see to it that matters are rectified.

"63.(2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court or of the Tax Court of Canada."

[Our emphasis]

Your Petitioner demands that the Canadian Judicial Council recommend to Parliament the removal from office of the above-said four (4) Judges of the Superior Court of Quebec for :

1. (b) having been guilty of misconduct;
   

2. (c) having failed in the due execution of that office, and;
   

3. (d) having been placed, by his conduct or otherwise, in a position incompatible with the due execution of that office,
   

Your Petitioner also respectfully demands that the four (4) Judges subject of this Complaint be excluded from the inquiry process.

© 2002, Kathleen Moore