Case information
Consult our database for details on a Supreme Court of Canada case.
39606
Jean-Paul Braun v. Conseil de la magistrature du Québec
(Quebec) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-08-13 | Close file on Leave | |
| 2021-08-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-08-12 | Judgment on leave sent to the parties | |
| 2021-08-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029205-200, 2021 QCCA 55, dated January 15, 2021 is dismissed with costs. Dismissed, with costs |
|
| 2021-07-13 |
Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B require: amended 23B, (Printed version due on 2021-07-20) |
Conseil de la magistrature du Québec |
| 2021-07-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-20) | Conseil de la magistrature du Québec |
| 2021-07-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-04 | Book of authorities, (Book Form), Completed on: 2021-07-05, (Printed version due on 2021-05-11) | Conseil de la magistrature du Québec |
| 2021-04-26 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2021-04-27) | Jean-Paul Braun |
| 2021-04-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-07-05, (Printed version filed on 2021-04-27) | Jean-Paul Braun |
| 2021-04-21 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-04-21 | |
| 2021-04-14 | Notice of name, (Printed version due on 2021-04-21) | Conseil de la magistrature du Québec |
| 2021-04-14 | Respondent's response on the application for leave to appeal, (Book Form), require: 23A & 23B (rec'd 2021-07-13), Completed on: 2021-07-06, (Printed version due on 2021-04-21) | Conseil de la magistrature du Québec |
| 2021-03-16 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-03-17) | Jean-Paul Braun |
| 2021-03-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-03-17) | Jean-Paul Braun |
| 2021-03-16 |
Application for leave to appeal, (Book Form), (4 volumes), Required: - Clarification on form 23A and 23B- Amended versions rec' 2021-04-21 - Filing fee (rec'd 2021-05-04), Completed on: 2021-05-04, (Printed version filed on 2021-03-17) |
Jean-Paul Braun |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Braun, Jean-Paul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Conseil de la magistrature du Québec | Respondent | Active |
Counsel
Party: Braun, Jean-Paul
Counsel
Antoine Grondin-Couture
Bureau 1400
507, Place d’Armes
Montréal, Quebec
H2Y 2W8
Telephone: (514) 940-0334
FAX: (514) 940-0336
Email: belleau@belleauavocat.com
Party: Conseil de la magistrature du Québec
Counsel
Benjamin Bolduc
Iberville Un, bureau 200
1195 avenue Lavigerie
Québec, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 656-6766
Email: plaurin@tremblaybois.ca
Summary
Keywords
Courts — Judges — Judicial ethics — Judicial council ? Judicial review ? Standard for breach of ethics in case where judge relies on prohibited myth in context of trial for sexual assault — Whether procedural fairness requires that judge be given notice that council is considering reprimanding judge for relying on myth or stereotype about sexual assault — Whether judge’s observation concerning victim’s physical appearance can constitute breach of ethics where it is useful to resolution of issue.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE)
The respondent, the Conseil de la magistrature, received numerous public complaints and a complaint from Quebec’s Minister of Justice against the applicant, Judge Braun, because of comments he made about a victim of sexual assault while presiding over a criminal trial in 2017. In general terms, the comments concerned the victim’s appearance and personality and her attitude toward the accused’s behaviour. Following a hearing, a committee of inquiry considering the complaints found that Judge Braun had indeed breached his ethical obligations, particularly his duty to perform the duties of his office with integrity and honour and his duty to act in a reserved manner. The committee recommended that the Conseil de la magistrature issue a reprimand. Judge Braun applied to the Superior Court for judicial review of the committee’s decision. The Superior Court dismissed the application for judicial review, and the Court of Appeal denied leave to appeal.
Lower court rulings
Superior Court of Quebec
2020 QCCS 2028, 500-17-107841-192
Application for judicial review dismissed
Court of Appeal of Quebec (Montréal)
2021 QCCA 55, 500-09-029205-200
Leave to appeal denied
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available