THUNDER BAY — A justice of the peace found to have engaged in judicial misconduct is appealing the recommendation that she be removed from office.
Justice of the Peace Anna Gibbon filed a motion to stay the recommendation by the Justices of the Peace Review Panel that she be removed from office. The motion was granted and the recommendation has been stayed pending the outcome of a judicial review of the decision.
The motion was filed by Gibbon in October 2022 after the Justices of the Peace Review Council panel consisting of Justice Timothy Lipson, Justice of the Peace Holly Charyna, and community member John Tzanis released their decision on disposition in August.
The panel previously ruled in February 2022 that Gibbon engaged in judicial misconduct in relation to proceedings involving her son on a Highway Traffic Act charge, including calling the prosecutor to discuss the case and asking the Regional Senior Justice of the Peace to have the charge withdrawn or stayed.
The majority of the panel agreed that Gibbon’s conduct was “incompatible with her position as justice of the peace” and that she should be removed from office.
Justice Charyna was the single dissenting member of the panel, who instead called for a combined penalty of a warning and reprimand, a 30-day suspension without pay, requiring Gibbon engage in mentoring, participate in a healing circle, offer apologies to those affected, and undertake additional education from a mentor.
The Justices of the Peace Review Panel is required to determine if the motion passes a three-part test, including if there is a serious issue to be determined in the appeal, if the moving party will suffer irreparable harm if the stay is not granted, and if the balance of convenience favours granting the stay.
The panel ruled the motion met all three tests.
“In support of her application for judicial review, the Applicant raises the following significant issues: the proper application of Gladue principles in the professional discipline context; the relevance of credibility findings to determining an appropriate penalty; and the level of conduct required to remove a judicial officer,” the ruling reads. “The application thus meets the low threshold of a serious issue to be tried.”
The ruling goes on to say that Gibbon will suffer irreparable harm if the stay is not granted pending judicial review of the recommendation she be removed from office.
“The Applicant would lose her position as a justice of the peace, with the consequent reputational harm. If her application is ultimately successful, it is possible that reinstatement would not repair the harm to her reputation,” the ruling reads.
“Moreover, even if the application is successful, reinstatement would not be certain because reappointment is at the discretion of the Lieutenant Governor in Council.”
A hearing is scheduled for April to hear arguments on the judicial review of the recommendation Gibbon be removed from office.
