Canadian taxpayers have so far paid $2.2 million in legal fees to defend Judge Gérard Dugré, who was fired for his outrageous comments and excessive delays in drafting his judgments.
• Also read: Dubious humor and repeated delays: Judge Gérard Dugré challenged his dismissal
• Also read: A judge who, following our investigation, was heavily accused by the Judicial Council
• Also read: Dismissal of Judge Gérard Dugré confirmed
And the bill isn’t finished yet, as Judge Dugré has decided to challenge his dismissal in federal court.
The ousted judge will continue to be paid his full salary of $338,000 a year, although he has not served since 2020 due to hearings before the Canadian Judiciary Council.
According to figures from our Bureau of Investigations, Ottawa spent $2.2 million divided among seven attorneys from two Montreal offices to allow Judge Dugré to present his defense to the Conseil de la Magistrature.
It’s time for the Canadian Taxpayers Federation to get this spending under control.
“I hope this will be the last time taxpayers face the challenge of dismissing a judge,” said his spokesman Nicolas Gagnon.
“I’m glad to know that there is a bill to put an end to this practice. But there’s nothing acceptable about that,” he added.
Lots of complaints
The case against Judge Dugré, who was sitting in the Superior Court of Quebec in Montreal, lasted more than two years before he was dismissed last December.
It had been the subject of a number of complaints from the public and legal communities.
Among other things, he was criticized for his questionable humor, his inappropriate comments and his repeated delays in writing his judgments.
The amount we have received for Judge Dugré’s attorneys’ fees comes from public documents and has been confirmed to us by the Office of the Federal Commissioner for Judicial Affairs, the organization responsible for paying Ottawa-appointed judges’ attorneys’ fees.
Last week, Judge Dugré filed a motion in federal court to overturn his dismissal. The nearly 90-page document is a real attack on the Judiciary Council’s decision.
If he loses in federal court, the magistrate can appeal to federal court and then, if necessary, to the Supreme Court.
No retirement pension
However, Judge Dugré will not be able to touch his retirement pension as he did not complete the required 15-year minimum service prior to the announcement of his dismissal.
A recent case is similar to that of Judge Dugré. This is Judge Michel Girouard of the Quebec Superior Court in Abitibi, who was dismissed in 2018. He eventually resigned after unsuccessfully taking his case to the Supreme Court and just before the Canadian Parliament upheld his dismissal. This legal saga had cost the treasury more than $4 million.
Despite our pleas, it has been impossible to obtain Judge Dugré’s comments.
EXTENSION PROCESS
- 2018-2019 : Submission of seven separate complaints against Judge Dugré to the Canadian Judicial Council.
- March 2020 : An investigative committee of the Conseil de la Magistrature is given the task of examining the complaints.
- January 2021 : Commencement of the public hearings of the committee of inquiry.
- June 2022 : Publication of the report of the committee of inquiry recommending the dismissal of Judge Dugré.
- December 2022 : The Judicial Council confirms the dismissal of Judge Dugré.
- January 2023 : Judge Dugré decides to challenge his dismissal in federal court.
“DOUBT STATEMENTS”
A selection of his inappropriate comments in court:
In the dungeon with the rats!
“You could disregard the court. […] That means we could send you to a cell to think […]. We have two types: one for the ladies where there are little mice that we don’t feed. Then there are men where there are rats […] ; They are hungry. »
“Advice” for quarreling parents
“Let’s give [l’enfant] given up for adoption. That’s the other solution I can take. I put the child up for adoption. […] If the parents can’t take care of it, the others will [solution]. »
“But I always have the magic solution. […] I command the parts to come back together and then rise [l’enfant] until he is 18 years old. But unfortunately that is not a solution […] which is accepted by the parties. I think it’s fantastic. »
His definition of alcoholism
“There are many who drink two bottles of wine a day, one at noon, one in the evening, and […] They are not alcoholics at all because they like wine. […] But the guy who takes a glass of wine and gets really angry […], he has to be careful, he mustn’t touch it. He has no right because he’s going totally insane. So this is alcoholism. »
A surprising question
“Your client has not yet been charged with sexual assault?” »
Joke question from Judge Dugré to an attorney representing a supplier to the Just for Laughs festival. The judge is referring to the case of the festival’s founder, Gilbert Rozon.
Source: Transcripts provided by the Judicial Council.
An invoice to remedy defects
A bill that is about to be passed by Canada’s legislature would make it possible to avoid overspending on the firing of an Ottawa-appointed judge.
Demanded by the legal community, this new draft Judges Act, which is currently being submitted to the Senate for approval, aims to ensure that a judge ceases to receive a salary once his dismissal is announced by the Canadian Judiciary Council.
Appeals to the courts will also be restricted, as only the Supreme Court can decide on the dismissal of a judge.
Currently, a dismissed judge can also appeal his dismissal to the Federal Court and the Federal Court of Appeals, as is the case with Judge Gérard Dugré.
According to Deputy Dean of the University of Ottawa Law School, Pierre Thibault, these changes are to be welcomed.
The good of everything
“For the good of all, the new law will ensure that the delays in considering complaints against judges and also in following up the decisions of the Judicial Council will be significantly reduced,” he stressed.
For his part, Executive Director for Appointments at the Office of the Federal Commissioner for Judicial Affairs, Philippe Lacasse, confirms that the new law aims to reduce cases of procedural abuse observed in the past among certain judges.
“That is the goal [de la nouvelle loi] “, he explained.
Do you have any information about this story that you would like to share with us?
Do you have a scoop that might be of interest to our readers?