Judge Newbould could be removed from office after complaint from Indigenous Bar Association
posted on
Feb 15, 2017 08:22AM
NI 43-101 Update (September 2012): 11.1 Mt @ 1.68% Ni, 0.87% Cu, 0.89 gpt Pt and 3.09 gpt Pd and 0.18 gpt Au (Proven & Probable Reserves) / 8.9 Mt @ 1.10% Ni, 1.14% Cu, 1.16 gpt Pt and 3.49 gpt Pd and 0.30 gpt Au (Inferred Resource)
Monkey wrench in the gears????
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The Ontario Superior Court justice overseeing Essar Steel Algoma's insolvency proceedings faces possible removal from the bench for remarks he's alleged to have made about a First Nation land claim.
The Canadian Judicial Council announced Tuesday that it will hold a public inquiry into the conduct of Justice Frank Newbould.
"If proven, the allegations surrounding the intervention of Justice Newbould in the context of a court case, could be so serious that they may warrant the judge’s removal from office," the judical council said in a statement released Tuesday.
Graeme Hamilton of the National Post is reporting that the judge is alleged to have made public comments and written letters relating to a Saugeen First Nation claim on land near his cottage at Sauble Beach, Ontario.
Justice Newbould is 73 years old and has advised that he intends to retire on June 1 “for unrelated personal reasons,” Hamilton says, adding that "upon retirement, any outstanding judicial council complaint would be dropped."
Jennifer Brown at Canadian Lawyer blogged on Tuesday that the complaint against Newbould from the Indigenous Bar Association in 2015 was initially dismissed, but that group asked in June 2015 that the decision be reconsidered.
Tuesday's decision to hold a public inquiry into Newbould's conduct was made after what the judicial council termed a "careful review of the matter."
The following is the full text of the Canadian Judicial Council's announcement:
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Canadian Judicial Council constitutes a public inquiry into the conduct of the Honourable F.J.C. Newbould
OTTAWA 13 February, 2017– The Canadian Judicial Council announced today that an inquiry committee will be held under the Judges Act about the Honourable Frank J.C. Newbould of the Ontario Superior Court of Justice.
The decision was made by a judicial conduct review panel of five members which, in accordance with council’s 2015 procedures brought in additional transparency and public participation to the process.
The panel was comprised of three members of council, one puisne judge and one layperson.
Members of the panel reviewed allegations relating to the judge’s participation in a debate on a proposed settlement to a boundary dispute which was the subject of a land claim involving a First Nation in Ontario.
After a careful review of the matter, the panel agreed that if proven, the allegations surrounding the intervention of Justice Newbould in the context of a court case, could be so serious that they may warrant the judge’s removal from office.
Accordingly, an inquiry committee must hear the matter.
It’s important to note that all allegations regarding the judge have not been proven.
The inquiry committee will have the responsibility of establishing the facts about this case and of presenting a report to the council.
In accordance with council’s inquiries and investigations bylaws, the inquiry committee will be comprised of an uneven number of members, the majority of which will be council members.
The minister of justice will be invited to designate one or more members of the bar.
In accordance with the council’s bylaws, the minister has 60 days to respond to this invitation.
Additional details, including the names of the inquiry committee members and of independent counsel, will be made public over the coming weeks.