More Evidence of Bias/Unfairness in JP Removal Case: No Juris Decision by OJC Re Panel Chair - Part 2

ONTARIO JUDICIAL COUNCIL

September 2, 2016

Mr. Ernest J. Guiste
Professional Corporation
Trial & Appellate Advocacy
2 County Court Blvd., Suite 494
Brampton, Ontario, L6W 3W8

Dear Mr. Guiste:

RE: Complaint about a judge

I am writing in relation to your complaint about the Honourable Justice Deborah Livingstone.

Her Honour has fully retired from the bench and is no longer a judge. As she is no longer a judge, the Ontario Judicial Council no longer has jurisdiction and cannot continue to review or investigate your complaint.

Thank you.

Yours very truly,

Marilyn E. King
Registrar


NOTE:  This decision is published here to draw attention to an issue of public importance. Complaints about judicial officers in our system are issues of public importance since it is the public whom judicial officers serve through The Rule of Law and the constitutional principle of Judicial Independence. The Chair of the Hearing Panel in the Re Massiah removal case resigned as a judge prior to the Divisional's Court's decision remitting the matter of the JP's compensation for his legal costs back to the original panel for adjudication.  Marilyn King is both the Registrar of the Ontario Judicial Council and the Justices of the Peace Review Council. Ms. King also retained Presenting Counsel to present the adjudication of the complaint against JP Massiah and was instructing JPRC counsel before the Divisional Court(to the very same law firm). The Divisional Court was not made aware that the original panel had now lost its chair and arguably could not entertain the rehearing with only two members pursuant to their enabling legislation.

Readers must understand that the fact that a judge retires in these circumstances is not
in and of itself evidence that they misconducted themselves. This writer makes no such
suggestion.  That is not the point. The point is - did the JPRC have a duty to inform the
Divisional Court of this development so as to save the parties involved time and
resources and to bring some semblance of fairness and decorum to a proceeding which
started in August 2010.  I believe it safe to say that the Divisional Court would not have
remitted the matter back to the "original panel" if they were informed that the
"original panel" no longer existed.