Ontario Superior Court Judge Ted Matlow’s professional future looks bleak after an inquiry panel of the Canadian Judicial Council unanimously pronounced him guilty of misconduct last week. Matlow is the judge who ruled in favour of a citizens’ group fighting the St. Clair streetcar expansion in 2005, despite the fact that he’d quite vocally fought another development (a condo/retail complex) in the neighbourhood, near his Forest Hill home. The city called foul, saying Matlow’s previous NIMBYist shenanigans unfairly biased him when it came to development matters. The CJC is inclined to agree, and the five-member panel didn’t mince their words, as you can see from the Globe and Mail story on the decision:
“The inquiry committee is led, unavoidably, to the conclusion that Justice Matlow’s conduct is so manifestly and totally contrary to the impartiality, integrity and independence of the judiciary that the confidence of individuals appearing before the judge – or of the public in its justice system – have been undermined, rendering the judge incapable of performing the duties of his judicial office. […] The inquiry committee expresses the view that a recommendation for removal of Justice Matlow from office is warranted.”
The decision now goes to the full Judicial Council — the chief justices and associate chief justices of the country’s superior courts — to help determine Matlow’s fate. The Council itself doesn’t make the call, however; the axe is officially wielded by the federal minister of justice, on the CJC’s recommendation. Things aren’t looking good for Matlow, who would be the first judge ever fired in this manner since the founding of the CJC in 1971.