Complaints Review Committee

Department

Authority

Remuneration

Purpose:

The purpose of the Complaints Review Committee is to review complaints against Provincial Court Judges. The Committee has the power to:

• dismiss the complaint where in its opinion the matter that is the subject of the complaint is not within the jurisdiction of the judicial complaints panel, or there is no evidence to support the complaint;
• attempt to resolve the complaint with the consent of the complainant and the judge; or
• refer the complaint to the judicial complaints panel when the committee is of the opinion that there are reasonable grounds to believe that the judge has engaged in the conduct that is the subject of the complaint.

The Complaints Review Committee also has the power to:

• suspend the judge when the Committee is of the opinion that there are reasonable grounds to believe that a judge has engaged in the conduct that is the subject of the complaint; and
• refer the complaint to a person to conduct an investigation and to report to the committee.     

The Complaints Review Committee may summon witnesses and require those witnesses to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Structure:

The Complaints Review Committee is established comprising: the Chief Judge of the Provincial Court, who shall be the chairperson of the committee; a justice of the Supreme Court of Newfoundland and Labrador chosen by the Chief Justice of the Supreme Court of Newfoundland and Labrador; and a person, who is not a Provincial Court judge or a member of the Law Society of Newfoundland and Labrador, appointed by the minister to represent the public interest.

Competency Profile:

Those who make up the Judicial Council should collectively possess the following core competencies:

• Ability to think critically and remain neutral
• Strong analytical skills
• Strong oral and written communications skills

Qualifications:

• High ethical standards and integrity
• A high degree of confidentiality is required

Time Commitments:

Meetings are scheduled by the Chair (Chief Judge) as workload dictates.

Term:

The term of office of the members of the committee shall be three years and those members are eligible to serve for additional terms.