Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses removing judges from office and the constitutional principle of judicial independence.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Michel Girouard was a judge who was repeatedly disciplined by the Canadian Judicial Council. As a result of this, it was ultimately recommended that he be removed from his role as a judge.
The constitutional principle of judicial independence means that judges can’t just be fired for doing their jobs–there has to be something very significant that warrants their removal from office.
The question became whether or not the Canadian Judicial Council was who had the authority to remove a judge from office or whether there was a more significant process that had to be followed.
The Supreme Court of Canada refused to consider the issue of how these cases should be resolved.
Watch the video for more.