Paul Cosgrove
Encyclopedia
Paul James Cosgrove, PC
(born December 30, 1934), is a former Canadian
jurist as well as a former politician.
of the Toronto
suburb
of Scarborough, Ontario
from 1973 until 1978.
Cosgrove entered federal politics running as the Liberal Party
candidate in York—Scarborough
in a 1978 by-election
for a seat in the Canadian House of Commons
. He was defeated in that run, as well as in the 1979 election
.
In the 1980 election
, however, Cosgrove was elected, and was appointed Minister of Public Works
, Minister responsible for Canada Mortgage and Housing Corporation and Minister responsible for National Capital Commission
in the Canadian Cabinet of Prime Minister
Pierre Trudeau
.
He was reassigned in a 1982 cabinet shuffle
to the position of Minister of State
for Finance. He was dropped from the Cabinet in August 1983 but remained an MP until the dissolution of parliament the next year.
to the bench of the Ontario Superior Court on July 9, 1984, shortly after Parliament was dissolved for the 1984 election
. Cosgrove's judicial circuit was in eastern Ontario with his court based in Brockville, Ontario.
In 1999, Judge Cosgrove stayed charges of murder against Julia Elliott after a 22-month trial. He ruled that the Crown attorney
, police and a deputy attorney general had committed 150 constitutional violations, findings that were unanimously rejected by the Ontario Court of Appeal in the fall of 2003 with the Court ordering a new trial. Julia Elliott subsequently pleaded guilty to manslaughter.
As a result, the Attorney-General of Ontario
, Michael Bryant
filed a complaint against Cosgrove, calling him unfit to be a judge, and accusing him of sullying reputations and of having "vilified the state". As a result of the complaint, Cosgrove was suspended pending a hearing into his conduct that was scheduled for December 2004. Cosgrove complained to the Canadian Judicial Council that the scheduled hearing was unconstitutional and damaging to judicial independence. His lawyer claimed that Bryant's action created a situation in which the Attorney-General could punish judges for making controversial decisions, since a complaint by an Attorney-General automatically would result in suspension pending a hearing. According to Cosgrove's lawyer:
According to the Globe and Mail newspaper , Cosgrove's affidavit
warned that judges might become afraid to criticize or rule against the Crown if they thought a vindictive attorney-general could, in effect, end their careers simply by lodging a complaint. The consequences of this were argued to be so negative that the process effectively permitted an attorney-general to become "the judge in his own cause". http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20041124/COSGROVE24/TPNational/?query=%22paul+cosgrove%22.
Both the Canadian Superior Courts Judges Association and the Ontario Criminal Lawyers' Association supported Cosgrove's case.
In October, 2005, the trial division of the Federal Court of Canada
ruled in favor of Judge Cosgrove and stripped the Attorney-General of the power to force the Canadian Judicial Council to conduct hearings that could remove judges from the bench.
The federal court ruling temporarily halted the proceedings against Judge Cosgrove who had been on a paid leave of absence since Bryant's April 2004 request for a disciplinary hearing. On March 12, 2007, however, the appellate division of the Federal Court of Canada
reversed the trial division, and found against Justice Cosgrove. The Federal Court of Appeal set aside the decision of the Federal Court, dismissed the application for judicial review, and referred the matter back to the Inquiry Committee of the Canadian Judicial Council.
On December 4, 2008, in a 4-1 decision, a committee of the Canadian Judicial Council found grounds for recommending to the federal justice minister that Cosgrove be removed from office.
The full Canadian Judicial Council, made up of the 22 of Canada's chief justices and senior judges, met to consider the committee's recommendation and, on March 31, 2009 formally recommended to Parliament that Cosgrove be removed saying that "We find that Justice Cosgrove has failed in the execution of the duties of his judicial office and that public confidence in his ability to discharge those duties in the future has been irrevocably lost." The decision also stated that "We find that there is no alternative measure to removal that would be sufficient to restore public confidence in the judge in this case." This was the second time in the council's history that it has recommended the removal of a judge. The same recommendation was made in 1996 in regards to then Justice Jean Bienvenue who resigned rather than wait for Parliament to decide his fate.
On April 2, 2009, Cosgrove resigned from the bench. If he had not done so, and had also not taken the option of making an application to the Federal Court for a judicial review of the finding, the House of Commons and Senate would have had to vote on whether to remove him from office, something which has never happened since Canadian confederation
.
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
(born December 30, 1934), is a former Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
jurist as well as a former politician.
Political career
A lawyer by profession, Cosgrove entered municipal politics and served as MayorMayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of the Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
suburb
Suburb
The word suburb mostly refers to a residential area, either existing as part of a city or as a separate residential community within commuting distance of a city . Some suburbs have a degree of administrative autonomy, and most have lower population density than inner city neighborhoods...
of Scarborough, Ontario
Scarborough, Ontario
Scarborough is a dissolved municipality within the city of Toronto, Ontario, Canada. Geographically, it comprises the eastern part of Toronto. It is bordered on the south by Lake Ontario, on the west by Victoria Park Avenue, on the north by Steeles Avenue East, and on the east by the Rouge River...
from 1973 until 1978.
Cosgrove entered federal politics running as the Liberal Party
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
candidate in York—Scarborough
York—Scarborough
York—Scarborough was a federal electoral district represented in the Canadian House of Commons from 1953 to 1988. It was located in the province of Ontario...
in a 1978 by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
for a seat in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
. He was defeated in that run, as well as in the 1979 election
Canadian federal election, 1979
The Canadian federal election of 1979 was held on May 22, 1979 to elect members of the Canadian House of Commons of the 31st Parliament of Canada. It resulted in the defeat of Liberal Party of Canada after 11 years in power under Prime Minister Pierre Trudeau. Joe Clark led the Progressive...
.
In the 1980 election
Canadian federal election, 1980
The Canadian federal election of 1980 was held on February 18, 1980 to elect members of the Canadian House of Commons of the 32nd Parliament of Canada...
, however, Cosgrove was elected, and was appointed Minister of Public Works
Minister of Public Works (Canada)
The position of Minister of Public Works existed as part of the Cabinet of Canada from Confederation to 1995.As part of substantial governmental reorganization, the position was merged with that of the Minister of Supply and Services to create the position of Minister of Public Works and Government...
, Minister responsible for Canada Mortgage and Housing Corporation and Minister responsible for National Capital Commission
National Capital Commission
The National Capital Commission , is a Canadian Crown corporation that administers the federally owned lands and buildings in Canada's National Capital Region, including Ottawa, Ontario and Gatineau, Quebec.The NCC was created in 1959, replacing the Federal District Commission , which had been...
in the Canadian Cabinet of Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
.
He was reassigned in a 1982 cabinet shuffle
Cabinet shuffle
In the parliamentary system a cabinet shuffle or reshuffle is an informal term for an event that occurs when a head of government rotates or changes the composition of ministers in their cabinet....
to the position of Minister of State
Minister of state (Canada)
A Minister of State is a junior cabinet minister in the Canadian Cabinet, usually given specific responsibilities to assist a senior cabinet minister in a specific area....
for Finance. He was dropped from the Cabinet in August 1983 but remained an MP until the dissolution of parliament the next year.
Judicial career
Cosgrove retired from the House of Commons to accept an appointment by John TurnerJohn Turner
John Napier Wyndham Turner, PC, CC, QC is an English Canadian lawyer and retired politician, who served as the 17th Prime Minister of Canada from June 30 to September 17, 1984....
to the bench of the Ontario Superior Court on July 9, 1984, shortly after Parliament was dissolved for the 1984 election
Canadian federal election, 1984
The Canadian federal election of 1984 was held on September 4 of that year to elect members of the Canadian House of Commons of the 33rd Parliament of Canada...
. Cosgrove's judicial circuit was in eastern Ontario with his court based in Brockville, Ontario.
In 1999, Judge Cosgrove stayed charges of murder against Julia Elliott after a 22-month trial. He ruled that the Crown attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
, police and a deputy attorney general had committed 150 constitutional violations, findings that were unanimously rejected by the Ontario Court of Appeal in the fall of 2003 with the Court ordering a new trial. Julia Elliott subsequently pleaded guilty to manslaughter.
As a result, the Attorney-General of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Michael Bryant
Michael Bryant (politician)
Michael J. Bryant is former public administrator and former politician in Ontario, Canada. A Harvard-trained lawyer, he was a member of the Legislative Assembly of Ontario, representing the electoral district of St. Paul's for the Ontario Liberal Party from 1999 until 2009...
filed a complaint against Cosgrove, calling him unfit to be a judge, and accusing him of sullying reputations and of having "vilified the state". As a result of the complaint, Cosgrove was suspended pending a hearing into his conduct that was scheduled for December 2004. Cosgrove complained to the Canadian Judicial Council that the scheduled hearing was unconstitutional and damaging to judicial independence. His lawyer claimed that Bryant's action created a situation in which the Attorney-General could punish judges for making controversial decisions, since a complaint by an Attorney-General automatically would result in suspension pending a hearing. According to Cosgrove's lawyer:
- It creates a 'chilling effect' that will undermine the ability of judges to adjudicate fearlessly cases, as justice requires. This chilling effect undermines and is wholly inconsistent with judicial independence.
According to the Globe and Mail newspaper , Cosgrove's affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
warned that judges might become afraid to criticize or rule against the Crown if they thought a vindictive attorney-general could, in effect, end their careers simply by lodging a complaint. The consequences of this were argued to be so negative that the process effectively permitted an attorney-general to become "the judge in his own cause". http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20041124/COSGROVE24/TPNational/?query=%22paul+cosgrove%22.
Both the Canadian Superior Courts Judges Association and the Ontario Criminal Lawyers' Association supported Cosgrove's case.
In October, 2005, the trial division of the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
ruled in favor of Judge Cosgrove and stripped the Attorney-General of the power to force the Canadian Judicial Council to conduct hearings that could remove judges from the bench.
The federal court ruling temporarily halted the proceedings against Judge Cosgrove who had been on a paid leave of absence since Bryant's April 2004 request for a disciplinary hearing. On March 12, 2007, however, the appellate division of the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
reversed the trial division, and found against Justice Cosgrove. The Federal Court of Appeal set aside the decision of the Federal Court, dismissed the application for judicial review, and referred the matter back to the Inquiry Committee of the Canadian Judicial Council.
On December 4, 2008, in a 4-1 decision, a committee of the Canadian Judicial Council found grounds for recommending to the federal justice minister that Cosgrove be removed from office.
The full Canadian Judicial Council, made up of the 22 of Canada's chief justices and senior judges, met to consider the committee's recommendation and, on March 31, 2009 formally recommended to Parliament that Cosgrove be removed saying that "We find that Justice Cosgrove has failed in the execution of the duties of his judicial office and that public confidence in his ability to discharge those duties in the future has been irrevocably lost." The decision also stated that "We find that there is no alternative measure to removal that would be sufficient to restore public confidence in the judge in this case." This was the second time in the council's history that it has recommended the removal of a judge. The same recommendation was made in 1996 in regards to then Justice Jean Bienvenue who resigned rather than wait for Parliament to decide his fate.
On April 2, 2009, Cosgrove resigned from the bench. If he had not done so, and had also not taken the option of making an application to the Federal Court for a judicial review of the finding, the House of Commons and Senate would have had to vote on whether to remove him from office, something which has never happened since Canadian confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
.