A judge from the Administrative Court of Housing (TAL) is blamed in ethics for having publicly described colleagues as a “gang of non-judgment”. The administrative judge then defended its president in the context of an internal war revealed by The Press.
“The words that Me Leclerc held to accredit the image according to which the TAL is a divided body within which there is a “clique”, a pejorative word if there is one, of judges who are devoid of judgment when they are called upon daily to decide disputes between tenants and landlords everywhere in Quebec”, deplores the committee of inquiry of the Conseil de la justice administrative (CJA).
In a decision recently made public, the committee concluded that Judge Micheline Leclerc had failed in her duty of discretion and had contributed to “discrediting” the court by participating “in the public controversy which affects the TAL”. The CJA is the body that evaluates ethical complaints against administrative tribunal judges.
The contentious remarks were made in March 2022 by administrative judge Micheline Leclerc, in an interview with the author of these lines. Our report described the clan war that tore the judges of the TAL at the time, mainly due to a conflict between President Patrick Simard and Judge André Gagnier, who lost his position for a case of sexual misconduct. Some judges accused the president of creating a “climate of terror” within the TAL.
In interview with The Pressthe administrative judge Micheline Leclerc had fired red balls at her colleague Gagnier and “his little clique”1. “You can’t manage such a big organization by having your feet pounded by a gang of non-judgemental people,” she told AFP. The Presspraising the merits of the president.
The harsh and public criticism of Micheline Leclerc had aroused the anger of many TAL judges at the time. The Association of Administrative Judges of the TAL had deplored the lack of reaction from management following these comments “seriously shading” the work of the judges of the TAL.
Before the review committee, Micheline Leclerc did not deny having made such comments. In his defence, his attorney argued that the phrase “without judgment” was “extremely respectful.”
“The committee disagrees with this assertion. Just like the use of the word “clique”, which in such a context turns out to be pejorative, the expression “a gang of non-judgment” appears more like an insult”, concludes the CJA investigation committee.
It now remains to determine the sanction to be imposed on the administrative judge. She faces a reprimand, suspension or dismissal. The tenure of M.e Leclerc was renewed by the government in 2021.