The stages of a complaint

Receipt of the complaint:

The Conseil sends an acknowledgement of receipt of the complaint to the complainant.

Once the Conseil receives a complaint, it cannot be withdrawn by the complainant for any reason.

The Conseil initiates the complaint; the complainant and the administrative judge act as witnesses as the Conseil deems appropriate.

Admissibility:

The complaint must first be reviewed by the Admissibility of Complaints Review Committee.

The committee meeting is held in camera; the complainant and the administrative judge may not attend. Only the members of the committee attend the meeting.

Complaint is dismissed:

The committee reviewing the admissibility of complaints concludes that the complaint is clearly unfounded.

The Conseil forwards the committee's decision to the complainant and to the affected administrative judge.

The dismissal of the complaint results in the closing of the file.

Complaint is deemed admissible:

The committee reviewing the admissibility of complaints concludes that the complaint is admissible.

The Conseil forms an inquiry committee, which must determine whether or not the administrative judge has committed a breach of ethics.

The Conseil then informs the complainant and the administrative judge that the complaint is being investigated.

Inquiry:

The inquiry committee convenes a hearing with the complainant and the administrative judge.

It sends them a copy of the complaint file.

In some cases, a pre-hearing conference may precede the hearing, at which time the complainant and the administrative judge are convened.

The pre-hearing conference makes it possible to plan the conduct of the inquiry.

The hearings of this committee are public.

The investigation is not a trial between two parties. The complainant and the administrative judge act as witnesses. They may be assisted by counsel.

The committee may conduct its own investigations. The complainant and the administrative judge may also submit any document or information to the committee.

The committee may on it own initiative or at the request of the complainant or the administrative judge convene any person to attend its meetings.

The inquiry committee has the same powers as those of commissioners appointed under the Act respecting public inquiry commissions, with the exception of the power to imprison. The inquiry committee may, among other things, require any person to appear before it.

Complaint is deemed unfounded:

The inquiry committee prepares a report.

The Conseil sends a copy of the report to the complainant, the administrative judge and the appropriate Minister.

Complaint is deemed well-founded:

The inquiry committee prepares a report. This report sets out the recommended sanction.

Possible sanctions are as follows:

• reprimand
• suspension
• removal from office

The inquiry committee submits its report to the Conseil.

The Conseil sends a copy of the report to the complainant, the administrative judge and the appropriate Minister.