OTTAWA — The Canadian Judicial Council has announced it will not appeal a Federal Court of Canada decision that overturned its findings in an investigation involving Thunder Bay judge Patrick Smith.
The CJC, an oversight body comprised of Canada's top jurists, rebuked Smith last fall for accepting the interim deanship of the Lakehead University faculty of law in 2018.
Smith had received permission from the Chief Justice of the Superior Court of Justice and from federal Justice Minister Jody Wilson-Raybould to take a leave of absence from his duties with the Superior Court to accept the unpaid position.
Lakehead approached Smith for help after the controversial departure of dean Angelique EagleWoman, an Indigenous woman who accused the university of racism.
The CJC received no formal complaint about Smith's agreement to step into the job, but launched an investigation that concluded he had breached his ethical duties by accepting a post that could have exposed him to public controversy, thereby harming the reputation of the justice system.
The council also said he had breached the Judges Act, which excludes judges from engaging in any "occupation or business" other than their judicial duties.
However, last week a federal court judge exonerated Smith and chastized the council for its handling of the matter, saying Smith did nothing wrong and that the CJC's actions constituted an abuse of process from the outset.
In a news release Monday, the CJC said it will not file an appeal.
"Having carefully considered all aspects of this difficult matter, the Canadian Judicial Council has decided that it is not in the public interest to appeal this decision. All aspects of the [Federal Court Judge Russel Zinn's] order will be complied with promptly," the release stated.
The CJC said the case has "continued to shine a light on the urgent need to move forward with reforms to the Judges Act."
It said its chairperson, Chief Justice Richard Wagner, "has urged the government to proceed with vital legislative changes" and that the council understands that changes are imminent.
The statement quoted Wagner as describing the procedures for dealing with judicial conduct complaints as "too slow, opaque and out-of-date."
Smith's lawyer, Brian Gover, said Tuesday the CJC "should fully own up to its mistake, expressly say that it accepts the judgment of the Federal Court and apologize to Justice Smith."
