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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
MPs agree Canadian gov't should improve new disability benefit
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL has suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
New charges for Ont. woman who previously admitted to defrauding doulas
The Brantford, Ont. woman who was previously sentenced to house arrest after admitting to deceiving doulas has been charged again in connection to a new victim.