Over the years the legislation dealing with the investigation and adjudication of judicial misconduct complaints against Ontario's justices of the peace has undergone significant and substantial changes. As the 1989 version of the Act shows the Review Council received and investigated complaints as well as conducted preliminary hearings under s.11(5) to determine whether an inquiry be held under s.12 to consider removal from office. In this version of the Act there was no express requirement for a complaint to be in writing. There is also no complaints committee and there is no reference to the Statutory Powers Procedures Act. The Review Council was composed of three Provincial Court Judges, no justices of the peace and no community members.
There were no Hearing Panels as provided for by s.11.1(1) in the current Act which stipulates that the Chair of the Review(not the Attorney General) "shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section." The current Act stipulates that the Statutory Power Procedures Act applies to both complaints committees and hearing panels but expressly excludes s.4 and 28. S.4 permits the parties and the tribunal to waive any procedural right on consent. S.28 permits for "substantial compliance" as satisfactory performance of procedural requirements. The requirement of a tripartite panel consisting of a judge, a justice of the peace and "a member who is a judge, lawyer or a member of the public" and a statutory quorum requiring all members of the panel are innovations which came about in the 2006 amendments brought in by the then McGuinty government. It would seem reasonable to conclude that these types of amendments to the statutory scheme were influenced by the Court of Appeal for Ontario's decision in Hyrciuk v. Ontario 30 O.R. (3d) 1.
Like several other administrative tribunals the Justices of the Peace Act and the Justices of the Peace Review Council has been evolving to accommodate the evolving standards and attitudes in administrative law. Concerns over fairness, bias and transparency have impacted the structure and procedures of virtually all Ontario's administrative tribunals.(see for example the creation of the Law Society Tribunal) The Ontario Human Rights Commission is a case in point. Indeed, none other than then human rights lawyer, Mr. R. Juriansz, now Justice of Appeal Juriansz of the Court of Appeal for Ontario lamented the appearance of unfairness in the OHRC's procedures in the following words to an Ontario Legislative Assembly Committee:
"My view is that the commission becoming the ally and the representative of complainants has the effect of permeating the commissions's entire process and demeanour. I refer to the 1991-92 annual report of the commission, in which it referred to itself as being 'technically in a neutral position between complainants and respondents." I think respondents would agree with that description. Even the Cornish task force noted that the commission itself expressed dissatisfaction over the confusion and conflict caused by its conflicting roles. The other effect of that is that because of the commission, in effect the government, taking one side of the case, respondents are overmatched and often choose to pay a settlement rather than incurring the great expense of trying to establish that they didn't discriminate."
1989
c 46 Justices of the Peace Act, 1989
Ontario
© Queen's Printer for Ontario, 1989
Bibliographic Citation
Justices of the
Peace Act, 1989, SO 1989, c 46
Repository Citation
Ontario (1989) "c 46
Justices of the Peace Act,
1989," Ontario: Annual Statutes:
Vol. 1989, Article 48. Available at: http://digitalcommons.osgoode.yorku.ca/ontario_statutes/vol1989/iss1/48
This Statutes is brought to you for free and open access by the Statutes at Osgoode Digital
Commons. It has been accepted for inclusion in Ontario:
Annual Statutes by an authorized administrator of Osgoode
Digital Commons.
CHAPTER 46
An Act to
revise the Justices of the Peace Act
Assented to July 26th, 1989
Section
1. Definitions
2. Appointment of justices
3. Oath of office
CONTENTS
Section
15. Assignment of
duties to presiding justice
16. Assignment of
duties to non-
4. Designation as
presiding or non-
presiding justice
5. Ex-officio justices
6. Retirement
7. Resignation
8. Removal from office
9. Review Council
10. Functions
11. Investigation
of complaints by Review Council .
12. Inquiry by
provincial judge
13. Appointment of Co-ordinator 14. Functions
of Co-ordinator
presiding justice
17. Jurisdiction of justices
18. Salaries of part-time justices 19.
Directions
20. Immunity from liability
21. Regulations
22.
Application of
certain provisions 23-29. Complementary amendments
and repeals
30. Commencement
31. Short title
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"Co-ordinator" means
the Co-ordinator of Justices of the
Peace appointed under section 13; ("coordonnateur")
"non-presiding justice of
the peace" means a person desig nated as a non-presiding
justice of the
peace under section 4;
("juge de paix non-president")
"prescribed" means
prescribed by the regulations; ("prescrit")
"presiding justice of the peace" means a person designated
as a presiding justice of the peace
under section 4; ("juge de paix-president")
"regulations" means the
regulations made under this Act; ("reglements")
"Review Council" means the Justices of the Peace Review
Council continued by section 9.("Conseil d'evaluation")
2.-(1) The Lieutenant Governor in Council, on the rec
ommendation of the Attorney General, may appoint full-time and part-time
justices of the peace.
(2)
Every person who receives a salary as a justice of the peace in
accordance with subsection 7 (2) of the Justices
of the Peace Act immediately before this Act comes into force shall be
deemed to have been appointed as a full-time justice of the peace and every other
person who is a justice of the peace immediately before this Act comes into
force shall be deemed to have been appointed as a part-time justice of the peace.
(3)
The Lieutenant Governor in Council shall not appoint a full-time justice
of the peace to be a part-time justice of the · peace unless the Review Council recommends
the reappoint ment.
(4)
A justice of the peace shall not engage in
any other remunerative work without the approval of the Review Coun cil.
3.
Every justice
of the peace, before beginning the
duties of office, shall make the following oath or affirmation in French or in English:
I, ................, solemnly
swear (affirm) that
I will faithfully
and to the best of my skill and knowledge, execute the duties of a justice of the
peace, and I
will do so without fear or favour, affection or ill will. So help me God.
(Omit last sentence in an affirmation.)
4.-(1) The Lieutenant
Governor in Council', on the recommendation of the
Attorney General, shall designate every justice of the peace appointed after
the coming into force of this Act as a
presiding justice of the peace or a non-presiding justice of the peace.
(2)
Every justice
of the
peace who is
authorized to preside at the
trial of an offence described in clause 16 (c)
(provincial offences) immediately before this
Act comes into
force and has not attained the age of
seventy at that
time shall be deemed to have been designated as a
presiding justice of the peace.
(3)
The Lieutenant Governor in Council, on the
recommendation of the Review Council, may designate any other justice of the peace
who is appointed before this Act comes into force and has not attained the
age of seventy as a presiding justice of the peace or a non-presiding justice
of the peace.
(4) A person appointed as a justice of the peace before this Act comes into force who is not
designated under subsection
(2) or (3)
shall not exercise any authority or receive any remuneration as a justice of the
,peace.
(5) The Lieutenant Governor in Council shall not change
the designation of a presiding justice of the peace to that of
non-presiding justice of the peace.
5.
Every judge of the Supreme Court of Canada,
the Fed eral Court of Canada, the Supreme Court of Ontario and the District
Court of Ontario and every provincial judge is by vir tue of his or her office
a justice of the peace and also has power to do alone whatever two or more
justices of the peace are authorized to
do together.
6. Every justice of the peace shall retire upon attaining the age of seventy years.
7.-(1) A justice of the peace may resign from his or her office by delivering a signed letter
of resignation to the Attor ney General.
(2) The resignation takes effect on
the day the letter is delivered to the Attorney General or, if the letter
specifies a later day, on that day.
8.-(1) A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council.
(2)
The order may be made
only if ,
(a) a complaint regarding the justice of the peace has been made to the
Review Council; and
(b)
the removal is recommended, following an
inquiry held under section 12, on the ground that the justice of the peace has
become incapacitated or disabled from the due execution of his or her office by
rea son of ,
(i)
infirmity,
(ii)
conduct that is incompatible with the execution of the duties of his or
her office, or
(iii)
having
failed to perform the duties of his or
her office as assigned.
(3) The order shall
be laid before the Legislative Assembly
if it is in session or, if not, within fifteen days after the commencement of the next session.
9.-(1) The Justices of the Peace Review Council is continued and shall be composed of,
(a)
the Chief Judge of the Provincial Court (Criminal Division) who
shall preside over the Review Council;
(b)
the Chief Judge
of the Provincial Court (Family Division);
(c) the Co-ordinator;
(d)
a justice of
the peace appointed by the Lieutenant Governor in Council; and
(e)
not more than
two other persons appointed by the Lieutenant
Governor in Council.
(2) A majority of members of the Review Council constitutes a
quorum and is sufficient for the exercise of all the jurisdiction and powers of the Review Council.
Staff (3) Such officers and employees of the Review
Council as
R.s.o. 1980, are considered
necessary may be appointed
under the Public
c. 418 Service Act.
(4) The Review Council may engage persons,
including counsel, to assist it in its investigations.
10.-(1) The functions of the Review Council are,
(a)
to consider all proposed appointments and designations of
justices of the peace and make reports concerning them to the Attorney General;
(b)
to receive and
investigate complaints against justices of the
peace.
(2) No action
or other proceeding for damages shall be instituted against the Review Council
or its members or officers or any person
acting under its authority for any act done in good faith in the execution or
intended execution of its or his or her duty.
Investigation 11.--{1) When the
Review Council receives
a complaint
of complaints
against a justice
of the peace, it shall take such action to investigate the complaint, including
a review of it with the justice
of the peace,
as it considers advisable.
(2) The Review Council may, if it considers it appropriate to do so, transmit complaints to the Co-ordinator.
(3) The proceedings
of the Review Council shall not be public, but it may inform the Attorney
General that it has undertaken an investigation and the
Attorney General may make
that fact public.
(4)
The Review Council may order that
information or documents relating to its investigation not be published or dis
closed except as required by law.
Powers (5)
The Review Council
has all the powers of a commission
R.s.o. 1980, under Part II of the Public Inquiries Act , which Part applies to
c. 411 the investigation as if
it were an inquiry under that Act.
Publication of report
(6) When the Review
Council has dealt with a complaint regarding
a justice of the
peace, it shall inform,
(a)
the person
who made the complaint; and
(b) the justice of
the peace, if the
complaint was brought
to his or her attention,
of its
disposition of the complaint.
(7) The Review Council may report its opinion regarding the complaint to the
Attorney General and may recommend,
(a)
that an
inquiry be held under section 12;
(b) that the justice of the peace be compensated for all or part of his or
her costs in connection with the investigation.
(8) A copy of the report shall be given to the justice of the peace .
(9) The Review
Council shall not make a report unless the justice of the peace was notified of
the investigation and given an
opportunity to be
heard and to produce
evidence.
(10)
The Attorney General may make all or part of the report public, if he or
she is of the opinion that it is in the public interest to do so.
Transition (11) An
investigation commenced under
section 8 of the
R.s.o. 1980, Justices
of the Peace
Act but not completed
before this Act
227
c. comes into force shall be
continued in accordance
with this
Act by the Review Council as constituted
under that section.
Co-ordinator not to be reappointed
12.---(1) The Lieutenant Governor in Council
may appoint a provincial judge to
inquire into the question of whether a justice of the peace should be removed
from office.
(2)
The Public
Inquiries Act applies to
the inquiry.
(3)
The report of
the inquiry may recommend,
(a) that the justice of the peace be
removed from office;
(b)
that the justice of the peace be compensated for all or part of his or her costs in
connection with the inquiry.
(4)
The report shall be laid before
the Legislative Assembly if it is in session or, if not, within
fifteen days after the com mencement
of the next session.
13.---(1) The
Lieutenant Governor in Council, on the recommendation of the Attorney
General, shall appoint a provincial judge
as Co-ordinator of Justices of the Peace.
(2)
The
Co-ordinator shall hold office for five years.
(3)
If a successor
is not appointed within five years, the Co
ordinator shall continue in office until the successor is appointed, but in no
case shall the Co-ordinator hold office for more than seven years.
(4)
A Co-ordinator whose term of office expires
under sub section (2) or (3) shall continue to hold the office of provincial
judge and is entitled
to an annual salary equal to the greater
of ,
(a)
the current
annual salary of a provincial judge; or
(b) the annual salary he or she received immediately before ceasing to be Co-ordinator.
(5) A Co-ordinator whose term of office expires
under sub section (2) or (3) shall not be reappointed as Co-ordinator.
14.-(1) The Co-ordinator has general supervision and direction over sittings of justices of the peace and the assign ment of their duties, subject to the direction of the Chief Judge of the Provincial Court (Criminal Division) or, in mat ters relating to the jurisdiction of the Provincial Court (Family Division), the Chief Judge of that court.
(2)
The
Co-ordinator's authrity to assign duties includes authority to direct the times
and places that justices of the peace
shall perform their duties.
(3)
A part-time justice of the peace shall not act as a justice of
the peace except in accordance with a duty roster estab lished by the Co-ordinator.
(4)
The duty
rosters shall be made available to the public.
(5)
Part-time justices of the peace shall submit to the Co
ordinator, when required by the Co-ordinator, reports con taining the
prescribed information on the duties they have performed.
(6)
Provincial
judges shall assist the Co-ordinator in the supervision of justices and
assignment of their duties and in the exercise of the Co-ordinator's other
functions under this section, if the Co-ordinator or a chief judge so
requests, and for the purpose they have the Co-ordinator's authority.
15.-(1) The following
duties shall not be assigned to a presiding justice of the peace:
(a)
presiding at the
trial of an
offence under the
Criminal Code (Canada);
(b) presiding at the trial of an offence under any other Act of the Parliament of Canada, unless the offence is prescribed as an offence to the trial of which a presiding justice of the peace may be assigned;
(c)
holding a
preliminary inquiry under Part XVIII of
the Criminal Code (Canada);
(d)
exercising jurisdiction under section 67 (reading proclamation
at riot), paragraph 537 (1) (b) or
sub section 537 (2) or (3) (where accused
may be mentally ill) or
section 543 (remand
where offence com mitted in another jurisdiction) of the Criminal Code (Canada).
(2)
Subsection (1) does not apply to adjournments.
16. The following duties shall not be assigned to a non
presiding justice of the peace:
(a)
the duties
described in section 15;
{b) presiding at the trial of an offence that is prescribed as one to the trial of which a presiding
justice of the peace may be assigned;
(c)
presiding at
the trial of an offence under an Act of the Legislature or under a
regulation or by-law made under the authority of such an Act;
(d)
exercising
jurisdiction under section 7 {plea of guilty with
representations) or 9 or 19 (default
conviction) of the Provincial Offences Act;
(e)
presiding at a hearing to determine whether a person should be released
from or detained in custody;
(f)
exercising
authority to issue a warrant to levy a tax, toll or dues under,
(i)
section 33 of the Public Works Act (Canada),
(ii)
section 66 of the Lakes
and Rivers Improve ment Act , or
(iii)
subsection 387 (6) of
the Municipal Act;
(g)
determining
whether a thing should be forfeited or held
under,
(i)
section 8 of
the Migratory Birds Convention Act (Canada), or
Chap. 46 JUSTICES OF TIIE PEACE 1989
(ii)
subsection 8
(3) of the National
Parks Act
(Canada);
(h)
determining whether an
order should be
issued under section 10 of the Mental Health Act .( examination by
physician);
(i)
presiding at
a hearing to determine a dispute under,
R.s.c. 1985, (i) section 205 of the Canada Shipping Act ,
c. S-9
R.s.c. 1985, (ii) section
11 of the Fisheries Act (Canada),
c. F-14
R.s.o. 1980, (iii) section 4 of the Master and Servant Act , or
c. 257
R.s.o. 1980, (iv) section
25, 26 or 27 of the Pawnbrokers Act;
c. 372
(j)
a duty that is prescribed as one
that shall not be assigned to a non-presiding justice.
r
Directions binding on justices
17.---(1) Justices of the peace have jurisdiction throughout
Ontario.
(2)
Subject to sections 15 and 16, justices of the peace shall exercise
the powers and perform the duties conferred or imposed on a justice of the
peace by or under an Act of the Legislature or of the Parliament of Canada.
(3)
Justices of the peace shall assist members of the public, at their
request, in formulating informations in respect of offences.
18. The salary, if any, to
which each part-time justice of the
peace is entitled shall be based on the Co-ordinator's determination of the
justice's workload and calculated in accordance with the regulations.
19.---(1) The Co-ordinator may issue
directions to justices of the peace on
questions of law and procedure.
(2)
Justices of the peace shall follow a direction issued under subsection (1) unless it has been disapproved by a court on an appeal or a review.
(3) The Co-ordinator shall cause the directions
to be pub lished in The Ontario Gazette.
20.
A justice of
the peace has the same immunity from liability as a judge of the Supreme Court.
21.-(1) The Lieutenant Governor in Council
may make regulations,
(a)
prescribing
offences under Acts of Parliament other than the Criminal Code (Canada)
in respect of
which a presiding justice of the
peace may be assigned
to preside at a trial;
(b) prescribing the information to be
included in reports under subsection 14 (5);
(c)
prescribing the salaries of full-time
justices of the peace and prescribing the manner in which the sala ries of
part-time justices of the peace shall be calculated, including the factors to
be taken into account and the method of calculation to be used;
(d) providing for the benefits to which full-time and part-time justices of the peace are entitled;
(e) providing for the payment of additional
compensation to full-time and
part-time justices of the peace
· for special assignments;
(f) prescribing duties that shall not be assigned to a non-presiding justice
of the peace.
(2)
A regulation made under clause (1) (c) or (d) may prescribe classes of full-time
and part-time justices of the peace for the purpose of salaries and benefits.
(3)
A regulation made under clause (1) (c) or
(d) may provide that the duties performed, in the course of their public
service employment, by justices of the peace who are also employed in the
public service of Ontario shall not be consid ered in calculating their salary
and benefits under this Act.
(4)
A regulation made under clause (1) (d) may require justices of the
peace to contribute from their salaries part of the cost of a benefit and may
fix the amount of the contributions.
(5) A regulation made under clause (1) (d) may
provide that justices of the peace whose salaries are less than pre
scribed amounts are not entitled to prescribed benefits.
(6) A regulation made under clause (1) (e) may be limited territorially.
22.----(1) Sections 4, 15, 16 and 18
and subsection 17 (2) do not
apply in an area in Ontario until the Lieutenant Governor
in Council by regulation provides that they apply in that area.
(2) The following apply in any area in which sections 4, 15, 16 and 18 and subsection 17 (2) do not apply:
1.
Justices of the peace shall exercise the
powers and perform the duties conferred or imposed on a jus tice of the peace by or under an
Act of the Legisla ture or of the Parliament of Canada when so
directed by the Co-ordinator or a judge designated by the Co-ordinator.
2.
Part-time justices of the peace shall be paid such fees, allowances and
expenses as are prescribed under the Administration
of Justice Act.
3.
Despite section 6, a part-time justice of
the peace appointed before the day section 6 comes into force may exercise the
powers and perform the duties of a justice of the peace after attaining the age
of sev enty years when assigned to do so by the Co-ordina tor or a judge designated by the Co-ordinator.
Regulations (3)
The Lieutenant Governor
in Council may make regu- lations declaring that sections 4, 15, 16 and
18 and subsection 17 (2)
apply in one or more areas of the Province.
23.
1) Section 2 of the Commissioners for taking Affidavits Act, being chapter 75 of the
Revised Statutes of Ontario,
1980, is amended by
adding thereto the following subsection:
Provincial judges, justices of the peace
(la)
Every provincial judge and
every justice of
the peace is ex
officio a commissioner for taking
affidavits in Ontario.
(2) Section 13 of the said
Act is amended by striking out "notary public or justice of the
peace" in the third line and inserting in lieu thereof "or notary public".
24. Subsection 61
(3) of the Courts
of Justice Act, 1984,
being
chapter 11, is repealed.
25. Paragraph 1 of subsection 5 (1) of the Election Act, 1984, being chapter 54, is
amended by adding at the end
thereof "or justices of the peace".
26.
The Justices of the Peace Act, being chapter
227 of the Revised Statutes of Ontario, 1980,
the Justices of the Peace
Amendment Act, 1984, being chapter 8 and section 22 of tlie Equality Rights Statute Law Amendment Act,
1986, being chapter 64, are repealed.
27.
Clause 8 (2) (c) of the Legislative
Assembly Act, being chapter 235 of
the Revised Statutes of Ontario, 1980, is amended by striking out "justice of the
peace" in the first line.
28. Subsection 13 (1) of the Mining Act, being chapter 268 of the
Revised Statutes of Ontario, 1980, is repealed.
29.--{1) Sections 1, 2, 3 and 5 and
subsection 6 (1) of the Public Authorities Protection Act, being
chapter 406 of the Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 7 (1) of the said Act is amended by striking out "against the justice of the peace who
made the conviction or'' in the
second and third lines.
30.
This Act
comes into force on a day to be named by proclamation of the Lieute11ant Governor.
31.
The short title of this Act is
the Justices of
the Peace Act, 1989.
