Pursuant to ss. 51.4(18) and 51.6 of the Courts of Justice Act, R.S.O. 1990, c.43, a hearing panel of the Ontario Judicial Council will conduct a hearing of a complaint about the conduct of Regional Senior Justice Paul Currie.
Current Status
Counsel for RSJ Currie filed a motion for an order that particulars of the allegations in the Notice of Hearing remain confidential and subject to a publication ban, pursuant to rules 18.5 and 21.8 of the OCJ Procedures Document. Counsel for RSJ Currie subsequently advised that his client is only seeking an order that Appendix "A" to the Notice of Hearing "be excluded or excised from the public filing". Pending the outcome of this motion, details of the allegations of misconduct against RSJ Currie are not a matter of public notice.
The motion was originally scheduled to be heard on December 13, 2024 at 10 a.m., however, it is being rescheduled. This webpage will be updated once the date is confirmed.
In addition, RSJ Currie has filed a Notice of Motion for an order to stay the Ontario Judicial Council proceedings pursuant to Rule 4.7 of the OJC's Procedures Document. A date for this motion has not yet been set. This webpage will be updated once the date is confirmed.
No dates have yet been set for the hearing. This webpage will be updated with further information about the hearing once available.
Background
The complaint was investigated by a two-person complaint subcommittee of the Council, consisting of a judge and a community member.
Pursuant to s. 51.4 of the Courts of Justice Act, the subcommittee made an interim recommendation to a Regional Senior Judge that RSJ Currie be suspended with pay pending the final disposition of the complaint. The interim recommendation was accepted, and RSJ Currie is suspended with pay pending the final disposition of the complaint.
The complaint was ordered to a hearing by a review panel of the Council, consisting of two judges, a lawyer member and a community member.
The hearing panel is composed of Justice Paul Rouleau, a judge of the Court of Appeal for Ontario, who is the chair of the Panel; Justice Christine Pirraglia, a judge of the Ontario Court of Justice; Ena Chadha, a lawyer member of the Council; and Jovica Palashevski, a community member of the Council.
Presenting counsel are Gerald Chan and Alexandra Heine of Stockwoods LLP.
Counsel for RSJ Currie is Brennan Smart.
After concluding its hearing of the matter, pursuant to s. 51.6(11) of the Courts of Justice Act, the hearing panel may dismiss the complaint, with or without a finding that it is unfounded, or, if it finds there has been misconduct, it may decide upon any one of the following sanctions singly or in combination:
- warn the judge;
- reprimand the judge;
- order the judge to apologize to the complainant or to any other person;
- order the judge to take specified measures such as receiving education or treatment, as a condition of continuing to sit as a judge;
- suspend the judge with pay, for any period; or,
- suspend the judge without pay, but with benefits, for a period up to thirty days.
The hearing panel may also make a recommendation to the Attorney General that the judge be removed from office. This sanction cannot be combined with any other sanction. Under s. 51.8 of the Courts of Justice Act, a judge may be removed from office only by order of the Lieutenant Governor in Council.