Groups challenge decision allowing judge involved in U of T controversy to keep job
Complainants are challenging a review body decision that allowed a federal judge to keep his job after he was accused of bias against Palestinians over his views on a proposed university appointment.
Several groups and individuals who complained last year about Justice David Spiro's actions want the Federal Court to overturn the Canadian Judicial Council's ruling that while Spiro made serious mistakes, he should remain on the bench.
A notice of application was filed with the court Wednesday by the National Council of Canadian Muslims, the Arab Canadian Lawyers Association, the Canadian Muslim Lawyers Association, Independent Jewish Voices, and academics Craig Scott and Leslie Green.
A panel convened by the judicial council found Spiro, a federal Tax Court judge, should not have weighed in on the appointment of Valentina Azarova as director of the International Human Rights Program of the University of Toronto's law faculty.
Azarova is an international law and human rights scholar based in Germany who has been critical of Israel's treatment of Palestinians.
The judicial council said last month the panel had concluded that while Spiro made mistakes, these were not serious enough to warrant a recommendation for his removal from office.
Before becoming a judge, Spiro was a member of the board of directors at the Centre for Israel and Jewish Affairs. In September of last year, Spiro learned from a centre staff member about Azarova's imminent appointment, and the judge was asked whether he could approach the dean of the law faculty to relay these concerns.
Spiro said it would be inappropriate to approach the dean. However, in a phone conversation the following day with an official and friend from the university, Spiro mentioned the controversial nature of the appointment from the perspective of the Jewish community and the potential damage to the reputation of the university, the judicial council said.
Spiro had been an engaged alumnus of the faculty who supported it financially and professionally, and from the review panel's perspective this is what prompted the judge's discussion with the university official, the council noted.
The review panel concluded that nothing in Spiro's career or work supported the suggestion of perceived bias on his part against Palestinian, Arab or Muslim interests.
"The fear of bias on the part of Justice Spiro is based on misinformation and speculation that is inaccurate," the council said.
In their filing to the Federal Court, the complainants say the reasons for allowing Spiro to stay on "were not justified, transparent and intelligible."
They seek a declaration from the court that a threshold has been met requiring the judicial council to take the next step of holding an inquiry into Spiro's actions, which could lead to his removal.
This report by The Canadian Press was first published June 24, 2021.
CTVNews.ca Top Stories
Work stoppage possible as WestJet issues lockout notice to maintenance engineers' union
A lockout notice issued by WestJet to a union representing aircraft maintenance engineers could result in a work stoppage next week.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
Bodies recovered in Mexico likely 2 Australians, 1 American who went missing: officials
Three bodies recovered in an area of Baja California are likely to be those of the two Australians and an American who went missing last weekend during a camping and surfing trip, the state prosecutor’s office said Saturday.
BREAKING London Drugs begins 'gradual reopening' on 7th day after cyberattack
Almost a week after all London Drugs stores across Western Canada abruptly closed amid a cyberattack, they began a "gradual reopening" on Saturday.
Quebec police hand out hundreds of tickets to Hells Angels and other bikers before 'first run' meeting
Quebec provincial police handed out hundreds of fines to Hells Angels members and other supporting motorcycle clubs who met for their 'first run' in a small town near Sherbrooke, Que.
Auston Matthews skates ahead of Game 7, status unclear with season on the line
Auston Matthews was back on the ice with his teammates Saturday.
Russia puts Ukrainian President Zelenskyy on its wanted list
Russia has put Ukrainian President Volodymyr Zelenskyy on its wanted list, Russian state media reported Saturday, citing the interior ministry’s database.
Snakes almost on a plane: U.S. TSA discovers a bag with small snakes in passenger's pants
According to an X post by the Transportation Security Administration, officers at the Miami International Airport found the small bag of snakes hidden in a passenger's trousers on April 26 at a checkpoint.