Legal Research

Complaint Against McLachlin Dismissed

By Simon Fodden

Readers may remember that in August the Canadian Judicial Council received a letter complaining of Chief Justice McLachlin’s conduct in having chaired the Advisory Council that recommended an Order of Canada for Dr. Henry Morgentaler. The Council received the complaint and set up a review chaired by Manitoba Chief Justice Richard Scott and monitored by Thomas G. Heintzman of McCarthy Tétrault.

The results of the review, dismissing the complaint, have now been made public [PDF].

The original letter of complaint is available [PDF] here. And there is a nice deconstruction of it on The Court.

The dismissal, in the form of a letter from Norman Sabourin, Executive Director of the CJC and Senior General Counsel, notes that:

On the face of your letter [of complaint], there is no merit, nor any facts to support, your allegation.

…Chief Justice Scott finds that the issues you raise do not relate to any conduct which is incompatible with the due execution of Chief Justice McLachlin?s office as a judge, but rather express your disagreement with the recommendations of the Advisory Council of the Order of Canada.

And in between those statements it demolishes all seven of the complainants’ “points.”

Full post as published by Slaw.ca on September 26, 2008 (boomark / email).