Why complain? In this section, it explains the reasons for which it is possible to file a complaint against a judge, and the outcome of a complaint.

Why complain?

Judges play a very important role in our justice system. When they take the remarks or ask reprehensible acts, they threaten the trust and respect of the citizens in this system. That is why the Council of the judiciary is to study the situations where a person complains about the conduct of a judge.

What are valid reasons to complain?

Any person may file a complaint against a judge when she has knowledge of gestures or words that do not meet the rules of conduct for judges under their Code of ethics.

See the video on this topic
Read decisions
A judge must observe these rules at any time, both at the Palace of justice in his social life.

In short, they provide that the judge must be honest, know the law, the respect and have exemplary conduct.

The rules are formulated broadly. It is therefore impossible to enumerate here all the gestures and words considered as breaches of the Code of ethics and valid reasons to lodge a complaint against a judge.

However can give a few examples:

A judge who is rude, aggressive or ridicule a person appearing before him
A judge who accepted a bribe
A judge which bases its decision on reasons that have nothing to do with his interpretation of the Act
A judge who impatient unfairly
A judge who uses his reputation to make advertising for a company
A judge hearing a case in which his best friend is involved, etc.
The gestures and the words of the judge are always evaluated in context. For example, if this is the fifth time that a person interrupts a witness and that the judge cuts suddenly the floor to prevent a sixth break, it deems no doubt that he was firm and non-aggressive.

The annual reports, see section ethics, for examples of complaints rejected or retained
What are the grounds for complaint that are not of the Council of the judiciary?

The Council of the judiciary cannot change a judgment or order a new trial. May not impose on the judge to apologize or pay financial compensation to the complainant.

To change a judgment, to appeal.

Learn more about the appeal
It gives a complaint?

Under the Act, the Judicial Council has two possible penalties: reprimand the judge or recommend its removal to the Government. The reprimand is the most common sanction.

One would think that a reprimand is not very severe punishment. But the judges are generally very at heart. The reprimand is reserved for serious cases. It means that many judges, lawyers and citizens agreed to decide that gestures and words are at this point unacceptable that they deserve punishment.

The reprimand is to discourage the conduct alleged in all of the judges. By filing a complaint, the citizen ensures therefore that persons in contact with judges in the future do not have to suffer the same behaviour. This helps to improve the justice system.

The appeal

A person who is not satisfied with his judgment and who believes that the judge erred in his application of the law is the judgment in appeal, i.e. bring another court that it determines if the judgment should be changed or not.

In some cases, there is no appeal. For example, the Division of the Court of Québec small claims judgments cannot be appealed.

Some judgments are automatically subject to an appeal. Others, to apply to the Court of appeal.

The Council of the judiciary is not a Court of appeal. It may not change the judgments.