E. J. GUISTE
TRIAL & APPELLATE ADVOCACY
2 COUNTY COURT BLVD., SUITE 494
BRAMPTON, ONTARIO, L6W 3W8
TEL.(416) 364-8908. FAX (416) 364-0973
February 6th, 2017 E MAIL
JUSTICES OF THE PEACE REVIEW COUNCIL
1 Queen Street East, Suite 2310
Attention: Ms. M. King, Registrar and Counsel
Dear Ms. King:
RE: MASSIAH – COMPENSATION – REHEARING
The following are JP Massiah’s submissions on the question raised in your letter of January 23rd, 2017 and Presenting Counsel’s letter of February 1st, 2017.
Role of Registrar:
It is unclear from your letter of January 23rd, 2017 whether you are writing as
Registrar to the JPRC, Counsel to the JPRC or on behalf of the hearing panel.
Composition of Hearing Panel:
The Justices of the Peace Act stipulates that a hearing panel shall contain a judge who shall chair the panel, a justice of the peace and a member who is a judge, a lawyer or a member of the public. All the members of the panel constitute a quorum according to s.11.1(3).
Accordingly, JP Massiah requests that a member of the JPRC who is a Judge of the Ontario Court of Justice be appointed to satisfy the statutory quorum. This is precisely what happened when Ms. Margot Blight recused herself.
The Procedures Document at p.23 provides that consideration of the question of compensation shall take place in public if there was a public hearing. There are no exceptional circumstances put forward by JP Massiah or Presenting Counsel to move from the presumption of a public hearing called for by both the JPA and the Procedures Document.
JP Massiah does not agree that the underlying facts regarding the issue of compensation is res judicata. Rather, the purpose of the contemplated hearing is to adjudicate the issue of compensation afresh. JP Massiah recommends that the practice of both oral and written submissions be continued.
I trust that this is satisfactory .
Yours very truly,
ERNEST J. GUISTE
Ernest J. Guiste
Cc co-counsel, Mr. House, Presenting Counsel – Ms. Henein and Mr. Gourlay
Mr. Massiah via e mail