Federal watchdog sanctions Ontario judge for Liberal Party donations

The federal judicial watchdog has sanctioned its first judge over multiple Liberal Party donations made while on the bench.

The Canadian Judicial Council (CJC) confirmed Thursday that Ontario Superior Court Justice Diana Piccoli donated at least $700 after her appointment in 2019. They include a $300 donation in 2019 and two donations totalling $400 in 2021.

A three-person review panel, composed of two judges and one member of the public, issued an “expression of concern” but declined to further sanction. 

“Political donations by a judge are not trivial and have the potential to undermine public confidence in the independence of the judiciary,” read a statement from the council. Approximately 76.3% of judges who donated to political parties in the past favoured the Liberal Party.

The decision confirms the findings of a National Post and Investigative Journalism Foundation (IJF) report published last August 14 on partisan donations by the judiciary.

Amid ongoing calls to urgently fill judicial vacancies, court watchers have pressed the federal government to bolster transparency on the apparent ‘partisanship’ of judicial appointees. https://t.co/JBNLAXSNs7

— Rebel News (@RebelNewsOnline) August 10, 2023

Although the panel noted the “serious nature” of Piccoli’s conduct, it enacted the “lowest level of sanction available.” They cite her corrective actions, reputation on the bench, and the decision to “self-report” donations after the report was published.

“Such donations, even in modest amounts, are inappropriate,” Piccoli wrote in a letter cited in the ruling.

Of the 1,308 judicial and tribunal appointments since 2016, “nearly one in five of them donated to a political party at least once … leading up to their appointment.”

The number of Conservative donors appointed to the judiciary dropped significantly during that period. Those who previously donated to the NDP more than doubled through 2022.

CJC spokesperson Krista Ferraro called the decision a “first on all fronts” since June 2023, when they overhauled the judicial conduct regime. The ensuing probe mandated no partisan political activity, including political donations.

Congratulations to Judge Jason Howie, a long-time Conservative Party donor, for his appointment to the Superior Court of Justice of Ontario after switching sides to donate $1799.78 to the Liberal Party of Canada in 2023. https://t.co/nauItnCH1Z pic.twitter.com/TK4BzOGiXD

— Andy Lee (@RealAndyLeeShow) August 29, 2023

The new judicial review process involves screening complaints against a judge by a screening officer, followed by a CJC reviewing member. If approved, the panel reviews the indiscretion under the threat of punitive sanctions.

Concerning Justice Piccoli, an unnamed screening officer last September 29 recommended the complaint be moved up to a reviewing member, finding that the donations “may” constitute judicial misconduct.

A 2019 article by the Globe and Mail revealed the Prime Minister’s Office (PMO) used a partisan database to vet judiciary candidates recommended by the justice minister. The PMO declined to use partisan databases before formalizing appointments. 

A subsequent article by the publication showed a large network of party officials and supporters deciding which lawyers receive sought-after judicial appointments, records found.

Legal scholars viewed the appointment process for judges and tribunal members as ‘fundamentally political’ because Cabinet decides who receives an appointment.

The feds appoint members to provincial superior and appeal courts, which oversee most criminal and civil cases, as well as the Tax Court of Canada, the Federal Court, the Federal Court of Appeal and the Supreme Court.

Would that be Judge Kelly Tranquilli, the Liberal Party of Canada donor that ruled against the students fighting vaccine mandates? https://t.co/HXopu630fw pic.twitter.com/lRj0gUyQNg

— Andy Lee (@RealAndyLeeShow) September 25, 2022

The lack of diversity in the judiciary, they suggest, undermines public confidence in Canada’s courts, owing to concerns of potential political influence.

The panel noted those concerns in its decision, stating that Piccoli should have known that political donations were contrary to the CJC’s guidelines.

“It is crucial that the actual and perceived separation of the judiciary from the other branches of government be protected,” the members wrote. 

“Donations such as those made by Justice Piccoli create the risk this distinction may be blurred resulting in harm to the administration of justice.”

A Department of Justice spokesperson last year rejected the claim that government appointees are based on “an applicant’s political donation record.”

“The minister does not receive information on the political affiliation or donation history” as information pertinent to an applicant’s candidacy, said the spokesperson.