Leahy v. Canada (Attorney General)
LEAHY, TIMOTHY E
Law Firm / Organization
Unrepresented
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

James Stuckey

- Parties: The applicant was Timothy E. Leahy. The respondent was the Attorney General of Canada.

- Subject Matter: The applicant made a complaint alleging judicial misconduct and bias against various judges of the Ontario Superior Court of Justice, the Ontario Court of Appeal, and the Supreme Court of Canada. The Canadian Judicial Council (CJC) refused to investigate the complaint. The CJC found that the complaint did not warrant consideration, as the applicant’s judicial misconduct allegations with respect to judicial decisions was a legal issue that did not fall under misconduct under s. 65(2) of the Judges Act, 1985. The applicant sought judicial review and challenged the constitutionality of s. 63 of the Act.

- Ruling: The court ruled in the respondent’s favour and dismissed the application. First, the court found the CJC’s decision transparent and intelligible. The CJC responded to the issues that the applicant raised, characterized them as issues relating to judicial rulings instead of judicial conduct, and reasonably determined they did not warrant investigation as they concerned legal issues within the courts’ purview, the Federal Court explained. Second, the court held that s. 63 of the Act did not violate s. 15 of the Canadian Charter of Rights and Freedoms.

- Date: The hearing was set on May 9, 2023. The court released its decision on May 15, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded costs to the respondent in the amount of $2,881.50.

Federal Court
T-1189-22
Constitutional law
$ 2,882
Respondent
03 June 2022