TORONTO — The Federal Court of Canada began a hearing Tuesday morning into a Thunder Bay-based judge's challenge to the Canadian Judicial Council.
Superior Court Justice Patrick Smith wants a declaration that the CJC abused its powers when it rebuked him for accepting the interim position of dean of Lakehead University's law faculty in 2018.
Smith received permission to take a leave of absence from the bench from the Chief Justice of the Superior Court of Ontario and federal Justice Minister Jody Wilson-Raybould.
Lakehead asked him to step in until it could find a permanent successor to Angelique EagleWoman, who had resigned as dean while alleging systemic racism at the university.
The CJC said Smith was "ill-advised" to accept the post because he had an ethical obligation "to avoid involvement in controversy or public debate, as those could expose him to political attack or be inconsistent with the dignity of judicial office."
But his lawyer, Brian Gover, argues that the council's entire investigation was "misguided and overzealous."
In a submission, he stated that the CJC's interpretation of the Judges Act would open up to judicial discipline "every federally-appointed judge who engages in activities outside the courtroom that contribute to the legal profession or their communities."
The hearing was expected to conclude Tuesday.
