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@ , @ J.C. Mare Richard and Chantal A. Thibodeau, for the appellant the Judicial Council. anne E. Bertrand, Paui Bertrand and Michael Phelan, tor the respondent. Solicitor for the appellunt Her Majesty the Queen in Right of New Brunswick: The Atiorney General for New Brunswick. Fredericton. Solicitors jor the appetient the Judicial Council: Barry Spalding Richara. Saint foii. Solicitors for the responsent: Bertrand & Bertrand, Fredericton. CITATION Before publication in the S.C.R.. this judgment should be cited using the neutral citation: \oreau- Bérubé v. New Brunswick Judicial Council), 2002 SCC 11. Once the judgment is published in the S.C.R., the neutral citation should be used as a parallel citation: Woreau-Bérubé v. New Brunswick (Judicial Council), {2002} 1 S.C.R. xxx. 2002 SCC 11. ARBOUR J. [hyphen] [, [niroduction 1 1 This appea! involves a decision of the Judicial Council of New Brunswick ("the Council") which recommended the removal from office of a Provincial Cour judge because of staiemenis she made in court, while presiding over a sentencing hearing. The Council concluded that her remarks created a reasonable apprehension of bias and a loss of the public trust. This Court must first establish the applicable standard of review of the Council's decision. We must then decide whether the Council violated certain rules of procedural fairness by imposing a penalty more severe than inat recommended by an incuiry panel, whether and to what extent the Council wes staruiorily bound to follow findings cf an inquiry panel, and whether the Council's fina! decision te recommend the removal of the judge was justified in light of the evidence 2 its dispose!. For reasons that are set out in full below, I have concluded that the Council was i did and that its decision should be restored. il, Relevant Siatutory Provisions 2Provincial Court dct. R.S.N.B. 1973, c. P-21 6. Subject to this Act. a judge holds office during good behaviour and may be removed from office only for misconduct. neglect of duty or inability to perform his duties. 6.1(1) There is hereby continued a Judicial Council which shall be composed of (a) the Chief Justice of New Brunswick. who shall be chairman. . (5)a judge of The Court of Appeal of New Brunswick, who shall be appointed by the Chief Justice of New Brunswick and who shall be the vice-chairman, (c)three judges of The Court of Queen's Bench of New Brunswick who shall be appointed by the Chief Justice of that Court. of whom the Chief Justice of The Court of Queen's Bench of New Brunswick may be one of the appointees. http://www. lexum.umontreal.ca/ese-see‘en‘rec/html/moreau.en.html 12:40:34 PM C a