Confidentiality is important to the judicial complaints process. It helps the Council to work effectively. It balances holding judges accountable for their actions and protecting judicial independence. Confidentiality in the judicial complaints process protects several interests including the following:

1. The integrity of the investigation is protected.
2. The legitimate privacy concerns of the judge who is the subject of the complaint are protected.
3. Judicial independence is protected by ensuring that the judge’s authority is not undermined by disclosing baseless complaints.

The Council has made an order about confidentiality under section 49(24) of the Courts of Justice Act. The order confirms the confidentiality framework intended by the Courts of Justice Act. The order states:

The Judicial Council has ordered that, subject to an order by the Council, a complaint subcommittee, a review panel or a hearing panel, any information or documents arising from or relating to the complaints process a mediation or a Council meeting or hearing that was not held in public are confidential and shall not be disclosed or made public.

The order applies whether the information or documents are in the possession of the Judicial Council, the Attorney General or any other person.

The order of non-disclosure does not apply to information and/or documents that the Courts of Justice Act requires the Judicial Council to disclose or that have not been treated as confidential and were not prepared exclusively for the purposes of the complaints process, mediation or Council meeting or hearing.

The confidentiality order applies to documents such as:

• Complaint letters
• Correspondence between the Judicial Council and the complainant
• Correspondence between the Judicial Council and the judge
• Reports from subcommittees
• Reports from the Chief Justice
• Disposition letters sent to the complainant at the end of the complaints process informing them of the outcome of the complaint.

The Council recognizes that complainants have the right to make their complaint public.

If a review panel orders a hearing into a complaint, the complaints process becomes public after the Notice of Hearing is served on the judge, unless a hearing panel orders that there are exceptional circumstances to warrant a private hearing.

Making the process public only at the hearing stage balances transparency, accountability, judicial integrity and judicial independence.

The Toronto Star, supported by the Criminal Lawyers’ Association, applied to the Council for disclosure of the full contents of a complaint file. On October 14, 2015, the Council issued its decision on the application. In the decision, the Council discusses the confidentiality framework established by the Courts of Justice Act and the important role confidentiality plays in the judicial discipline process.

Due to the unique circumstances of this application, the Council decided to make its decision public. The decision and addendum are available below.