Administrative Tribunal of Quebec Dismissed because "incapable of rendering judgments"

Administrative Tribunal of Quebec Dismissed because “incapable of rendering judgments”


A judge of the Administrative Tribunal of Quebec who had been unable to produce a judgment in 427 cases she had heard saw her dismissal be confirmed by the Superior Court.

In 2008, lawyer Kathya Gagnon was appointed judge of the Administrative Tribunal of Quebec to sit on the Mental Disorders Review Commission as well as the Social Affairs section. However, from 2011, the president of the TAQ, Mr.e Mathieu Proulx, is concerned about delays in drafting the judge’s reasons.

Noting that Judge Gagnon “gets bogged down”, the president of the TAQ offers her tools, including the help of a secretary, so that she can catch up, but without success. Declaring herself “burned”, the judge then ceased to sit in order to complete the drafting of her reasons.

Delays

It will still take about two years, at the rate of four cases per week, to complete its 427 decisions, while the maximum period is three months. The latter had explained her inability to complete her deliberations by “the superior quality of her work” and by her exhaustion.

“Pretend that taking the time to fine-tune your decisions without worrying about the resulting delays […] proves to be unbearable, ”concluded an investigation committee in this case, recalling that the first quality of a decision“ is to be rendered ”.

The “total absence of self-criticism” and its lack of rigor which “discredit the administration of justice” to the detriment of those subject to trial justify dismissal, the investigating committee concluded.


Fired

Kathya Gagnon was ultimately fired, but the latter went to the Superior Court to request a judicial review.

However, the arguments were swept aside by Judge Jacques G. Bouchard who pointed out that one of the lady’s reproaches “lack of seriousness”.

Judge Bouchard described the situation as “extraordinary and unusual” where a judge is “incapable of rendering her judgments” and refuses to make amends. As a result, he confirmed the dismissal of Kathya Gagnon.

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