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The Continuing Saga of the Douglas Inquiry

6 Pages Posted: 22 Nov 2014  

Alain Roussy

University of Ottawa - Faculty of Law

Date Written: November 21, 2014

Abstract

The Douglas Inquiry, involving allegations against Manitoba’s Associate Chief Justice Lori Douglas, is the Canadian judicial ethics story that keeps on giving. The allegations all stem from the fact that ACJ Douglas’ husband posted nude photos of her on the internet back in 2002-2003, before her appointment to the bench. There have been a number of recent developments in this matter and many interesting legal questions are at play. These include: the role of the Attorney General of Canada in applications for judicial review of decisions made by the Inquiry Committee of the Canadian Judicial Council, the jurisdiction of the Federal Court to hear such applications, the existence (or not) of a solicitor-client relationship between Independent Counsel (counsel specifically hired to impartially present the case to the Inquiry Committee) and the Canadian Judicial Council, and the appropriate roles of Independent Counsel and Committee Counsel. Clearly, the Douglas inquiry has shone the light on the inadequate complaint-resolution processes of the Canadian Judicial Council.

Keywords: Douglas, Lori Douglas, judicial independence, judicial conduct, Canadian Judicial Council, judicial ethics, legal ethics, Federal Court, judicial review, lawyer-client relationship, solicitor-client relationship, independent counsel, committee counsel, Attorney General of Canada

Suggested Citation

Roussy, Alain, The Continuing Saga of the Douglas Inquiry (November 21, 2014). Legal Ethics, Forthcoming; Ottawa Faculty of Law Working Paper No. 2014-31. Available at SSRN: https://ssrn.com/abstract=2529076

Alain Roussy (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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