Legal group asks for judicial review of case against Judge Alain Bégin

A coalition representing three major groups in the Nova Scotia justice system is calling for a judicial review in the case of Judge Alain Bégin.

The provincial court judge has faced scrutiny for his comments and actions in a number of cases, and has been harshly criticized by the province's top court for his conduct.

In a March decision, a review committee who looked at the complaints against Bégin said the judge should be reprimanded, but not face a judicial council hearing that could strip him of his job.

The three-person committee said an undiagnosed mental condition contributed to Bégin's questionable behaviour. 

Now, a coalition made up of the Nova Scotia Criminal Lawyers' Association, the Elizabeth Fry Society of Mainland Nova Scotia and the Mi'kmaw Legal Support Network is requesting a judicial review of that committee's decision.

In court documents filed Monday, the coalition has asked for public interest standing. That's a legal mechanism that allows individuals and organizations to bring cases of public interest before the courts even if the matter does not affect them personally.

"All of the coalition partners work within the justice system and have a strong interest in ensuring fairness, transparency, and accountability in all its processes, including the judicial complaints review process," the coalition said in a statement.

Public hearing

One of the things the coalition wants the court to rule on is when a matter should be referred to a public hearing.

"The public must have confidence there is judicial accountability, including that complaints of judicial misconduct will be reviewed properly, and determined fairly," the statement read.

In one of the incidents that touched off the committee review process, Bégin referred to an accused in a sexual assault case as a "deviant" but then tried to walk back his remarks. That drew a strong rebuke from the Nova Scotia Court of Appeal, the province's highest court.

No date has been set yet for a hearing in Supreme Court.