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  • Re: Justice Patrick Smith 20180924 Notice of Application ISSUED

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    THUNDER BAY – NEWS – Justice Patrick Smith is facing a review of his actions in taking on the role of interim dean of the Bora Laskin Faculty of Law. While there were no complaints filed when Justice Smith took the position, it was media reports with the concerns raised by Indigenous leaders that caught the attention of the Canadian Judicial Council. Associate Chief Justice Robert Pidgeon of Quebec Superior Court, who is the vice-chair of the Canadian Judicial Council’s conduct committee says, “I am of the view that Justice Patrick Smith engaged in misconduct by accepting a position as Interim Dean without considering the possible public controversy associated with the reaction from the chiefs of First Nations and without considering the political environment or the potential effect on the prestige of judicial office.” Justice Patrick Smith stepped down as the temporary Dean of the Bora Laskin Law School on September 14th. At the time Justice Smith said, “It’s been an extremely positive experience being a part of Lakehead University and this Faculty of Law. I have enjoyed a strong and productive relationship with the students, and our faculty and staff, and I take with me the warm feeling that I have become part of the Lakehead family.” The Canadian Judicial Council, however, has taken steps to seek to remove Justice Smith from the bench stating that in taking the position as temporary dean at the Bora Laskin Faculty of Law the Justice put himself into a position of controversy. Justice Smith is fighting back. The Ontario Superior Court Justice is seeking a stay of the CJC’s disciplinary action against him with the federal court. On September 7, 2018, the CJC filed a notice of appeal with the federal court on this matter. The Canadian Judicial Council states that due to the reasons stated by former Bora Laskin Faculty of Law Dean Angelique Eaglewoman, that she was resigning over issues of discrimination that Justice Smith who sought, and received approval from both Superior Court Chief Justice Heather Smith (no relation to Justice Patrick Smith) and from the federal Minister of Justice Jody Wilson-Raybould over his taking on the interim dean role at the law school. In court documents it is stated that the federal minister had no concerns over Justice Smith taking on the role. Those court documents also state that the law school could have been in danger of losing its charter without a dean in place. Developing…

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    THUNDER BAY – NEWS – Justice Patrick Smith is facing a review of his actions in taking on the role of interim dean of the Bora Laskin Faculty of Law. While there were no complaints filed when Justice Smith took the position, it was media reports with the concerns raised by Indigenous leaders that caught the attention of the Canadian Judicial Council. Associate Chief Justice Robert Pidgeon of Quebec Superior Court, who is the vice-chair of the Canadian Judicial Council’s conduct committee says, “I am of the view that Justice Patrick Smith engaged in misconduct by accepting a position as Interim Dean without considering the possible public controversy associated with the reaction from the chiefs of First Nations and without considering the political environment or the potential effect on the prestige of judicial office.” Justice Patrick Smith stepped down as the temporary Dean of the Bora Laskin Law School on September 14th. At the time Justice Smith said, “It’s been an extremely positive experience being a part of Lakehead University and this Faculty of Law. I have enjoyed a strong and productive relationship with the students, and our faculty and staff, and I take with me the warm feeling that I have become part of the Lakehead family.” The Canadian Judicial Council, however, has taken steps to seek to remove Justice Smith from the bench stating that in taking the position as temporary dean at the Bora Laskin Faculty of Law the Justice put himself into a position of controversy. Justice Smith is fighting back. The Ontario Superior Court Justice is seeking a stay of the CJC’s disciplinary action against him with the federal court. On September 7, 2018, the CJC filed a notice of appeal with the federal court on this matter. The Canadian Judicial Council states that due to the reasons stated by former Bora Laskin Faculty of Law Dean Angelique Eaglewoman, that she was resigning over issues of discrimination that Justice Smith who sought, and received approval from both Superior Court Chief Justice Heather Smith (no relation to Justice Patrick Smith) and from the federal Minister of Justice Jody Wilson-Raybould over his taking on the interim dean role at the law school. In court documents it is stated that the federal minister had no concerns over Justice Smith taking on the role. Those court documents also state that the law school could have been in danger of losing its charter without a dean in place. Developing…

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    255 views16 pages

    Re: Justice Patrick Smith 20180924 Notice of Application ISSUED

    Uploaded by

    NetNewsLedger.com
    THUNDER BAY – NEWS – Justice Patrick Smith is facing a review of his actions in taking on the role of interim dean of the Bora Laskin Faculty of Law. While there were no complaints filed when Justice Smith took the position, it was media reports with the concerns raised by Indigenous leaders that caught the attention of the Canadian Judicial Council. Associate Chief Justice Robert Pidgeon of Quebec Superior Court, who is the vice-chair of the Canadian Judicial Council’s conduct committee says, “I am of the view that Justice Patrick Smith engaged in misconduct by accepting a position as Interim Dean without considering the possible public controversy associated with the reaction from the chiefs of First Nations and without considering the political environment or the potential effect on the prestige of judicial office.” Justice Patrick Smith stepped down as the temporary Dean of the Bora Laskin Law School on September 14th. At the time Justice Smith said, “It’s been an extremely positive experience being a part of Lakehead University and this Faculty of Law. I have enjoyed a strong and productive relationship with the students, and our faculty and staff, and I take with me the warm feeling that I have become part of the Lakehead family.” The Canadian Judicial Council, however, has taken steps to seek to remove Justice Smith from the bench stating that in taking the position as temporary dean at the Bora Laskin Faculty of Law the Justice put himself into a position of controversy. Justice Smith is fighting back. The Ontario Superior Court Justice is seeking a stay of the CJC’s disciplinary action against him with the federal court. On September 7, 2018, the CJC filed a notice of appeal with the federal court on this matter. The Canadian Judicial Council states that due to the reasons stated by former Bora Laskin Faculty of Law Dean Angelique Eaglewoman, that she was resigning over issues of discrimination that Justice Smith who sought, and received approval from both Superior Court Chief Justice Heather Smith (no relation to Justice Patrick Smith) and from the federal Minister of Justice Jody Wilson-Raybould over his taking on the interim dean role at the law school. In court documents it is stated that the federal minister had no concerns over Justice Smith taking on the role. Those court documents also state that the law school could have been in danger of losing its charter without a dean in place. Developing…

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    F-11318 Court File No. FEDERAL COURT ‘THE HONOURABLE JUSTICE PATRICK SMITH Applicant and ATTORNEY GENERAL OF CANADA. Respondent APPLICATION UNDER subsection 18.1(1) of the Federal Courts Act, R.8.C. 1985, c. F-7, as amended, NOTICE OF APPLICATION TO THE RESPONDENT(S) ‘A PROCEEDING HAS BEEN COMMENCED by the Applicant. The relief claimed by the Applicant appears on the following page. THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator, Unless the Court orders otherwise, the place of hearing will be as requested by the Applicant. The Applicant requests that this application be heard at Toronto, Ontario, IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the Applicant’s solicitor or, if the Applicant is self-represented, on the Applicant, WITHIN 10 DAYS after being served with this notice of application. Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office. IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE. GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. Date SEP-24 208 Issued by Address of local office: 180 Q Toronto, Ontario MSV 3L6 TO: ATTORNEY GENERAL OF CANADA c/o Deputy Attorney General of Canada Office of the Deputy Attorney General of Canada 284 Wellington Street Ottawa, ON K1A 0H8 Solicitors for the Respondent This is an application for judici ‘The applicant makes application foi 1 2, 5. APPLICATION L review in respect of: (@) the decision of the Honourable Robert Pidgeon, Senior Associate Chief Iustice of the Québec Superior Court, in his capacity as Vice-Chairperson of the Judicial Conduct Committee (“JCC”) of the Canadian Judicial Council (“Council”), dated August 28, 2018, pursuant to s. 8.2(d) of the Council's Procedures for the Review of Complaints or Allegations About Federally Appointed Judges (“Review Procedures”) and s. 2(1) of the Council's Inquiries and Investigations By-Laws, 2015 (“By-Laws”), to constitute a Judicial Conduct Review Panel to determine whether to constitute an Inquiry Committee to inquire into whether the applicant should be removed from judicial office (the “Referral Decision”); and (b) the decision of Chief Justice Pigeon, communicated to the applicant on September 19, 2018, refusing to reconsider the Referral Decision (the “Reconsideration Decision”). An order quashing the Referral Decision; In the alternative, an order quashing the Reconsideration Decision; An order prohibi ig the Council from taking further steps concerning the allegations against the applicant underlying this matter; Costs of this Application; and Such other relief as counsel may advise and this Court deems just. ‘The grounds for the application are: 1 The applicant is a federally-appointed judge of the Superior Court of Justice of Ontario and sits in the Northwest Region.

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