Canadian Judicial Council completes its review of a complaint against Justice Yves Alain



    OTTAWA, Aug. 21 /CNW Telbec/ - The Canadian Judicial Council announced
today the results of its review of a complaint against the Honourable Yves
Alain, a judge of the Quebec Superior Court. The complaint was made by the
Chief Justice of Quebec, the Honourable Michel Robert.
    In accordance with the Complaints Procedures of Council, the complaint
was referred to the Honourable John D. Richard, Chief Justice of the Federal
Court of Appeal and Vice-chairperson of the Council's Conduct Committee. Chief
Justice Richard reviewed the nature of the complaint pertaining to Justice
Alain's conduct on 7 December 2006 when he was arrested by the police for
impaired driving, and later convicted of the offence.
    Chief Justice Richard reviewed Justice Alain's conduct and considered
Justice Alain's comments in response to the complaint. Chief Justice Richard
noted that Justice Alain has expressed genuine regret and that he recognizes
his conduct on that day was clearly inappropriate and may have tarnished the
image of the judiciary. He also noted that Justice Alain took full
responsibility for his conduct, pleaded guilty to the accusations against him
and accepted, without question, the sentence proposed by the prosecution.
    Chief Justice Richard made it very clear that impaired driving is a
serious criminal offence which must be strongly denounced. Depending on the
circumstances, a judge engaging in such conduct may no longer be in a position
to carry out the duties of his office.
    In this case, while the judge's actions were clearly inappropriate, Chief
Justice Richard noted that this was an isolated incident, that Justice Alain
has acknowledged the seriousness of the matter and that he has undertaken to
avoid any such conduct in future. In addition, Chief Justice Richard noted
that Justice Alain has an excellent reputation as a jurist, who has the full
confidence of his Chief Justice and of leading members of the legal
profession. Accordingly, Chief Justice Richard came to the view that Justice
Alain can continue to carry out his duties as a judge in a fair and objective
manner.
    Given the public interest in this matter, and the fact that the complaint
itself was made public, the letter to the complainant, closing the file in
this case, is made available on the Council's website:
<a href="http://www.cjc-ccm.gc.ca/cmslib/general/Alain_CJ2007.pdf">http://www.cjc-ccm.gc.ca/cmslib/general/Alain_CJ2007.pdf</a> <a href="http://www.cjc.gc.ca">http://www.cjc.gc.ca</a>




For further information:

For further information: Norman Sabourin, Executive Director and General
Counsel, (613) 288-1566, ext. 301

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