Judges support jurist under fire

Position in peril for taking Indigenous job

The Ontario Superior Court Judges Association plans to intervene in a colleague’s fight to quash a decision by the Canadian Judicial Council that could cost him his job.

In an email sent Tuesday to the judicial council among others, lawyer Thomas Curry said the judges association wants to “support its colleague” Thunder Bay Justice Patrick Smith and is concerned about “the integrity of the process” being followed by the council.

Smith is battling the council’s decision in late August to refer to its judicial conduct committee the question of whether he is guilty of misconduct for accepting a temporary, unpaid position as interim dean of the Lakehead University law faculty.

His lawyer, Brian Gover, has asked the Federal Court of Canada to quash the decision and also, in a separate action, to stay it until a judicial review.

Lakehead’s previous dean, Angelique EagleWoman, had quit in the spring in a blaze of publicity, saying she was a victim of systemic racism.

It was then the university president, Dr. Moira McPherson, wrote Smith, a veteran Ontario Superior Court judge, to ask if he’d take on the job “on an urgent basis” to help out the fledgling school, which was founded only five years ago with a focus on Indigenous law.

The appointment was meant to give the university time to conduct a proper search for a new permanent dean. Smith was only ever considered a placeholder.

Smith agreed but only if his boss, Chief Justice Heather Smith (no relation) approved, and only if federal Justice Minister Jody Wilson-Raybould had no objections.

Wilson-Raybould, pointing out that it was the Chief Justice’s decision, nonetheless had “no concerns.”

But after a CBC News story referred to First Nations communities across northwestern Ontario demanding the university appoint an Indigenous successor to EagleWoman, the council’s executive director and senior legal counsel, Norman Sabourin, warned Smith the appointment might warrant consideration by the council.

Sabourin then referred the matter to Chief Justice Robert Pidgeon, vice-chair of the council’s judicial conduct committee.

In short order, he concluded Smith had committed misconduct and referred the question to a review panel.

It’s that panel that could recommend a full-blown inquiry.

There was no complaint against Smith, other than the council’s self-generated one, and no complainant.

The Federal Court is scheduled to hear the application for judicial review Oct. 23.