Intimidation, denigration, ethical violations: an experienced judge from the Administrative Labor Tribunal (TAT) did everything possible to achieve his ends in a personal appeal before his own court. Judge Simon Lemire even used the TAT’s internal resources on “numerous occasions”.
Posted at 8:00 a.m.
“A well-informed person would easily conclude that he had taken advantage of his position as an administrative judge,” asserts administrative judge Jean M. Poirier, in a judgment rendered on April 7. Refusing to “play in this bad movie”, the judge finally recused himself from this extraordinary cause.
Judge Simon Lemire has been rendering decisions on work accidents and occupational diseases for more than 30 years. However, he found himself on the other side of the mirror in 2021, when he personally filed appeals with the TAT to claim his right to technical aids (an adapted alarm clock, for example) for his deafness. , already recognized in 2012 as an occupational injury. He was also asking for $80 in examination fees.
It is therefore a colleague from his own court, Judge Jean M. Poirier, who was mandated to hear this case, since the TAT has exclusive jurisdiction in matters of employment injury. But for Judge Lemire, the boundary between his profession and his personal life seems to have suddenly blurred.
Thus, for a yet personal appeal, Simon Lemire asked a secretary of the TAT to send to the registry case law probably drawn from the internal bank of the Tribunal.
Judge Lemire also discovered in advance the identity of the judge assigned to his case, when the only way to do so is to use an internal tool.
In addition, each time he communicated with the Tribunal, Simon Lemire used the TAT header and his judge’s signature block without reservation, a way of doing things contrary to ethics, indicates Judge Poirier.
“This improper use of Mr. Lemire’s title, as well as the use of human, material and financial resources, caused the Tribunal a number of problems from the outset. Over the days, these discomforts have increased to the point of bringing the conclusion that is drawn today, ”says Judge Poirier.
“A form of intimidation”, according to Judge Poirier
But that’s not all. On April 4, Simon Lemire even wrote to Judge Poirier during his deliberations, copying the president of the TAT, Ms.and Lucia Nadeau. In this email, he taunts and taunts Judge Poirier to demand his recusal on the grounds that emails have “defiled” his mind. He then refers to emails sent during an electronic vote held by their association of judges.
While he wonders about the long deliberation of the Court for questions “as simple”, Simon Lemire “pushes the insult and the denigration” by suggesting to his colleague to seek the help of legal services, deplores Judge Poirier . Simon Lemire adds to this by writing that this delay “can only be explained by a heavy workload, or long vacations”.
Ultimately, we can decode the request for recusal, a form of intimidation on the part of Mr. Lemire. You don’t have to be a chilly soul to hold the office of judge. However, the principles of ethics, law and morality must always be brought to the fore.
Judge Jean M. Poirier
Simon Lemire’s actions have therefore altered “seriously the serenity, even the independence of the Tribunal”, in addition to “seriously undermining the confidence that the Tribunal must have in this plaintiff who, let us remember, is a member of the same tribunal as the undersigned judge”, writes the judge to justify his recusal.
And what about the $80 reimbursement request for a hearing test? This sum had already been paid to Simon Lemire by the Régie de l’assurance maladie du Québec, we learn. “Without further proof or explanation, the question of unjust enrichment could arise,” wrote Justice Poirier.
The president of the TAT plans to carry out an “intervention” with Simon Lemire following the “elements revealed” in this decision, indicated to The Press TAT spokesman Marc Lalancette. A meeting to this effect is scheduled for the next few days. Judge Lemire continues to perform his duties, adds the TAT.
Joined by The Press, Simon Lemire directed us to the communications services of the TAT. His personal appeals will be heard by another judge on 1er next June.