CJC permanently stays complaint against former Chief Justice of Quebec Duval Hesler

CJC’s jurisdiction has effectively lapsed since Nicole Duval Hesler retired from the bench

CJC permanently stays complaint against former Chief Justice of Quebec Duval Hesler

The Canadian Judicial Council has closed the matter involving former Chief Justice of Quebec Nicole Duval Hesler, relating to the decision in Hak v. Attorney General of Quebec.

Frédéric Bastien, a historian, alleged bias on the part of Chief Justice Duval Hesler for comments she had made during a hearing and called for her to recuse herself from the proceedings.

In accordance with CJC procedures, Bastien’s complaint was referred to Glenn D. Joyal, Chief Justice of the Court of Queen’s Bench of Manitoba and vice-chairperson of the CJC’s judicial conduct committee.

Joyal concluded that since Duval Hesler retired from the bench as of Apr. 8, the CJC’s jurisdiction had effectively lapsed. This is consistent with the CJC’s past practice in situations in which judges have retired or resigned while a complaint is pending.

“Thus, whether the question of Council’s continuing involvement is framed as one of jurisdiction or one of mootness, Chief Justice Joyal concludes that it is not in the public interest to proceed any further with this complaint,” wrote J. Michael MacDonald, acting executive director of the committee and former Chief Justice of Nova Scotia, in a letter.

The CJC therefore declared the matter to be permanently stayed.

Recent articles & video

Live and Learn: reflections on life and the law from retired Osler M&A king Clay Horner

Ontario Superior Court certifies class action against CIBC for duplicate fees

BC Court of Appeal rejects speculative testimony on potential earnings in personal injury case

Ontario Superior Court rules wife and mother share ownership of disputed property in divorce case

BC Supreme Court denies special costs in dismissed workplace sexual harassment case

Ontario Superior Court dismisses bid to quash unpaid wage orders issued by the Ministry of Labour

Most Read Articles

Ontario Superior Court rules wife and mother share ownership of disputed property in divorce case

Kirkland & Ellis faces lawsuit over data breach involving MOVEit software

'Go, Mom!' How a divorce prompted this USask law grad to travel the long road to becoming a lawyer

Roundup of law firm hires, promotions, departures: June 17, 2024 update