Home : File a complaint : Progress of a complaint
... the progress of a complaint filed with the Council is determined by the Rules regardings the complaints' process?
Upon receiving a written
complaint the Conseil personnel sends an
acknowledgment of receipt to the complainant. A copy of the complaint
is forwarded to the person affected by the complaint.
The complaint will be submitted to the comité d'examen de la recevabilité des plaintes at its next sitting which is attended by 7 members, in order to rule on its admissibility. The comité will then decide if the complaint indeed falls within its jurisdiction and if the reproved conduct is serious enough to warrant an inquiry. The comité will then sit in camera.
At the admissibility stage, the comité dismiss any clearly unfounded complaint. For instance, a complaint that challenges a decision rendered by a member or a commissioner rather than being based on the reprehensible conduct of an administrative law judge will be dismissed. When the complaint is inadmissible the complainant, as well as the person affected by the complaint, are notified of the grounds for dismissal.
If the complaint is admissible the comité notifies the complainant and the person affected by the complaint of the fact. The decision is then given to the members of the Conseil at its following sitting. The Conseil then forms an inquiry committee composed of 3 people, one of whom is a member of the concerned tribunal, and another a representative of the public who sits on the Conseil. This committee is responsible for conducting an inquiry on behalf of the council and for deciding the complaint.
The inquiry committee will hold a hearing during which the complainant and the person affected by the complaint will be given an opportunity to be heard. The complainant will be subpoenaed before the inquiry committee so that he may testify concerning the reproved conduct. The hearing held before the inquiry committee is open to the public.
Following the hearing, the committee reports to the Conseil concerning the merit of the complaint and recommends the penalty to be imposed, as the case may be. A copy of the inquiry report is forwarded to the complainant and to the person affected by the complaint.
Depending on the recommendation of the inquiry committee the Conseil can either reprimand the member or commissioner or forward to the Minister a recommendation for his suspension or dismissal.
The Conseil has adopted written rules that specify the manner in which it receives and reviews the complaints. For detailed information on the subject please refer to the Rules regarding the complaints’ process .