Case information

Administrative Law — Judicial Review — Reasonableness — Whether Canadian Judicial Council’s determination that a complaint did not concern judicial conduct was reasonable

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The applicant was acquitted of criminal impaired driving offences, but her driver’s licence was nevertheless administratively suspended under provincial legislation. When her request for an administrative review of the suspension was unsuccessful, she sued the provincial Registrar of Motor Vehicles alleging that the suspension was tortious and violated her Charter rights. A judge of the Nova Scotia Supreme Court dismissed her action. She complained to the Canadian Judicial Council (“CJC”) about the judge, alleging that his dismissal of the action arose from dishonest conduct.

The Executive Director of the CJC determined that the complaint was substantially about the judge’s decision-making, not conduct, and was therefore properly the subject of an appeal. He dismissed the complaint without referring it to the CJC for investigation.

The Federal Court, reviewing the CJC decision on a reasonableness standard, found that the Executive Director made his decision in accordance with CJC procedures and past practice, and logically explained the reasons for dismissing each aspect of the complaint. The decision was therefore reasonable and the application for judicial review dismissed. The Federal Court of Appeal substantially agreed with the Federal Court and declined to interfere with the Executive Director’s reasonable resolution of a question of mixed fact and law.