Thank you, Mr. Chair.
Thanks for being with us, Mr. Xavier, Ms. Dekker and Ms. Othmer.
Earlier I discussed the possibility of mediation with the minister. I agree it might be appropriate in some cases but not in others.
Many steps must be taken after a complaint is filed against a judge and before a potential sanction is imposed. Wouldn't it be appropriate to provide for a frank discussion with the judge in question at some point? A representative of the Department of Justice and another from the Canadian Judicial Council could take part in that discussion to seek a solution to the situation concerned by the complaint.
I can see that it would probably be hard to convince a judge to agree to a potential sanction. However, we can set aside sanctions for the moment and focus solely on consequences, taking the repayment of fees as an example. As we know, fees are a heavy cost. The judicial system loses considerable credibility in the public's view when it learns from the newspapers that hundreds of thousands of dollars are being spent to defend an individual who is rightly accused of certain conduct and may potentially be removed. It's a situation that shocks many people.
Could we legislate certain steps that would enable us to sit down and discuss consequences and potential sanctions? The idea would be to try to determine an outcome so that the judge in question will agree to put an end to the discussion and perhaps waive certain privileges that are granted under the act and that judges may exercise for the purpose of challenging or opposing complaints filed against them.
Isn't there a process that could be applied?