Home Judicial Complaint Process
"Four things belong to a judge:
to hear courteously,
to answer wisely,
to consider soberly, and
to decide impartially."
-Socrates
Provincial Court judges hear thousands of cases every year.
Judges play a crucial role in our justice system using their
experience and the evidence presented to them to weigh complex
cases and make decisions. Approximately 95 percent of the criminal
cases in Manitoba are heard by Provincial Court Judges.
On occasion, you may have a problem with the conduct of a judge.
If you are unhappy with a judge's conduct, you can launch a formal
complaint under The Provincial Court Act. If you are unhappy
with a judge's decision in court, you should consult with your
lawyer to see what other legal options should be explored.
Misconduct by a Provincial Court Judge would be conduct unbecoming a judge
and/or neglect of duty.
Incapacity would be the inability of a judge to perform his or her duties
as a result of a physical or mental disorder.
Please note that this information applies to Provincial Court Judges only.
If you have a complaint involving another court, please contact the
Canadian Judicial Council
in Ottawa.
You must make your complaint of misconduct by a judge
or incapacity of a judge in writing. Include the date, time and
place of the court hearing and as much detail as possible. If
your complaint involves an incident outside the courtroom, please
provide as much information as possible about the situation.
Your complaint will be reviewed by the Chief Judge of the
Provincial Court who will notify the judge affected. The Chief
Judge may follow one of these options:
The Judicial Inquiry Board is made up of a lawyer, a judge from
the Court of Queen's Bench and a person who is not a lawyer or
a judge.
You have 30 days to take your complaint to the
Judicial Inquiry Board if you disagree with the Chief Judge's
decision that there is no basis for a complaint or that the complaint
should be dealt with in another way. You also have 30 days to
go to the Board if you have no response within 60 days of the
Chief Judge receiving your complaint.
The Board will consider the complaint and may do its own investigation.
The Board may decide to:
Any Board decision is final and cannot be appealed.
If the Board lays a charge against a judge, it is brought before the
Manitoba Judicial Council. The six-member Council is made up
of three judges from Western Canadian Provincial/Territorial
Courts outside of Manitoba, the president of the Law Society
of Manitoba, or his or her designate, and two people who are
not lawyers or judges. Usually the Council will hold a public
hearing to hear the complaint.
If the Council finds there has been misconduct or incapacity on the part of a judge, it may:
Even if the judge retires or resigns while the complaint is
being handled, the Council may decide the proceedings can continue
if it is in the public interest.
The judge or the Judicial Inquiry Board can appeal the Council's decision to the Manitoba
Court of Appeal, but only on a point of law.
If your complaint is about the Chief Judge of the Provincial Court then the Chief
Justice of the Court of Queen's Bench will receive and deal with your complaint.
From there it will proceed through the same process outlined above.
If you need further information or assistance, please contact any court office in Manitoba
or call (204)945-8043, or toll free 1-800-282-8069 (ext. 8043).
Written complaints should be sent to:
Chief Judge
The Provincial Court of Manitoba
408 York Avenue
Winnipeg, MB R3C OP9