Canadian judges are entrusted with upholding the integrity, dignity and fairness of the court system. Their role is not only to make impartial decisions, but also to maintain an atmosphere of civility and respect within the courtroom.
A recent case demonstrates how judges can be the subject of a formal complaint, investigation and potential disciplinary action under the Judges Act when they do not treat litigants with civility and respect.
In 2023, a family law litigant lodged a formal complaint against the Honourable Justice Charles C. Chang, alleging inappropriate behaviour during a family law hearing.
The complaint was that Justice Chang was verbally abusive and intimidating.
This complaint led to an investigation under the provisions of the Judges Act, which governs the conduct of federally appointed judges. The complaint was assigned to a Screening Officer to determine if the complaint had merit. The complaint was deemed worthy of further investigation and the matter was referred to a Reviewing Member of the Canadian Judicial Council. This set off a multi-stage review process where Justice Chang was given the opportunity to respond.
In his response to the complaint, Justice Chang admitted that his tone and vocabulary were at times inappropriate, that he wished to apologize to the complainant and that he expressed a willingness to receive coaching from a senior judge.
Justice Chang however attempted to excuse his behaviour by explaining that the hearing dealt with family violence and that the lawyers were making oral submissions that were, in his opinion, poorly prepared and ill-considered.
The Review Panel concluded that Justice Chang’s behaviour during the hearing was inconsistent with the Ethical Principles for Judges. Specifically, his tone, frequent interruptions and raised voice were deemed inappropriate. The Review Panel found that Justice Chang’s conduct was unacceptable. His actions were seen as intimidating and disrespectful, which undermined the public’s confidence in the judicial process and the dignity of the court. The panel dismissed Justice Chang’s attempt to excuse his behaviour by pointing to the nature of the case or the conduct of counsel.
This case highlights the importance of judges adhering to ethical principles of civility and respect in the courtroom. While judges are granted wide discretion and authority, that power must be wielded responsibly to ensure fairness and preserve public trust in the judicial system.
The Canadian Judicial Council wrote that judicial conduct is not merely about following legal procedures – it is about ensuring that the process remains dignified and respected.
The tone, language and overall demeanor of a judge can deeply impact the fairness of a courtroom hearing and public perception of the court. The panel wrote that, in family law cases, where emotions are often high and stakes are very personal, judges must be especially mindful of their conduct to avoid adding to the stress or conflict.
What is the lesson for judges?
The case of Justice Chang serves as a reminder that a lack of civility or diplomacy can lead to formal complaints against a judge because it damages the credibility of the judicial system. Judges must at all times ensure respect for all participants in the judicial process. This case also underscored the importance of ongoing professional development and mentoring for judges, particularly those early in their careers.
In this case, the Canadian Judicial Council issued the attached report that stated:
“Justice Chang is at the beginning of his judicial career and the Council cannot simply hope that this will not happen again if Justice Chang faces yet another urgent matter with similar challenges, and if meaning is to be given to the Ethical Principles.”
Just like all litigants and lawyers, judges too must be vigilant in maintaining the integrity of their role by displaying decorum, civility and respect.
Steve Benmor, B.Sc., LL.B., LL.M. is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator, Arbitrator and Parenting Coordinator. As a Divorce Mediator, Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
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