This finding is inappropriate and the decisions of the ECJ “are internally contradictory and are not based on a rational chain of analysis”.
Applicants are Queen’s Law Professor Leslie Green, Osgoode Hall Law School Professor Craig Scott, the National Council of Canadian Muslims (NCCM), the Arab Canadian Lawyers Association, Independent Jewish Voices, and the Canadian Muslim Lawyers Association. The complainants included organizations including the BC Civil Liberties Association and the Canadian Muslim Women Lawyers Association, which first filed complaints with the CJC.
“It is important to address potential bias or hostility towards particular groups and various inconsistencies in the decisions, including the reasons why no further action was taken on the complaints, although the CJC recognizes the severity of the behavior,” says Sameha Omer, director for Legal matters at the NCCM.
The first complaints alleging that Judge Spiro had compromised the impartiality and integrity of his court were filed shortly after news broke that he had allegedly meddled on an appeal at the University of Toronto Law School. The applicants alleged that Judge Spiro had inappropriately influenced the school to cancel a vacancy to direct the International Human Rights Program of the Law School to Valentina Azarova for her work related to Israel’s human rights abuses in Palestine. They argued that Palestinian, Arab or Muslim litigants could reasonably fear bias.
Professor Craig Scott says the trial cast a negative light on the judiciary from several angles.