FILE A COMPLAINT AGAINST A JUDGE
Bias, lack of respect, inappropriate remarks, breach of the duty of restraint — judges must comply with a code of ethics at all times. Depending on the court, your complaint is handled either by the Conseil de la magistrature du Québec or the Canadian Judicial Council, free of charge.
VERSION FRANÇAISE →Did a judge behave inappropriately during your hearing? Did a judge fail in their duties of courtesy, impartiality or dignity? You have the right to file a complaint. Depending on who appointed the judge, two independent bodies receive complaints in Canada: the Conseil de la magistrature du Québec for provincially-appointed judges, and the Canadian Judicial Council for federally-appointed judges.
This guide shows you how to identify the right body, organize your facts, draft your complaint with the help of AI, and submit it — in four simple steps.
When to file a complaint — the most common grounds
The vast majority of judges carry out their duties with integrity. But when this is not the case, several behaviours can justify a complaint regarding judicial ethics. The assessment is always made considering the full context.
A judge who hears a case involving a relative, who displays a visible bias toward one of the parties, or who fails to recuse themselves when they should have.
Humiliating remarks, ridiculing a litigant, contemptuous or discriminatory comments, unjustified aggressiveness, condescending tone toward parties or witnesses.
Excessive delays in rendering judgment, repeated absences, manifest disinterest in the case, breach of the duty to fully dedicate oneself to judicial functions.
Inappropriate behaviour outside the courtroom, public statements about ongoing cases, active political involvement, or conduct that tarnishes the dignity of the office.
A complaint regarding judicial ethics cannot change a judgment. If you believe the judge made a mistake in their application of the law or in their assessment of the facts, the appropriate recourse is to appeal the decision — not to file an ethics complaint. The Conseil de la magistrature is not a court of appeal.
The Council also cannot order the judge to apologize (with rare exceptions at the CJC), to pay financial compensation, or to order a new trial. It can only sanction an ethical breach — through a reprimand or, in the most serious cases, a recommendation for removal from office.
There is no maximum deadline to file a complaint, but it is recommended to do so quickly while the facts and witnesses are still accessible.
Specific rules at the CJC: the Canadian Council does not accept hyperlinks in complaints, the complaint cannot exceed 20,000 characters (about 6 pages), and no supporting documents are required at the time of filing. The CJC also does not handle complaints against retired or deceased judges.
The guide in 4 simple steps
Identify the right body based on who appointed the judge
The first thing to do is determine which body will handle your complaint. This depends entirely on the court where the judge sits:
If in doubt, check the judgment rendered: it identifies the court. If you are unsure, both councils can redirect you.
Gather and organize your facts
Open a document and write a simple, factual chronological summary. Include these essential elements:
Important note: the Conseil de la magistrature du Québec does not request photos, videos, screenshots or identification documents. If such documents are necessary, its staff will request them from you.
Ask Claude to draft your complaint
Open Claude — or Gemini or ChatGPT — and paste your facts with this prompt:
The AI will draft a structured initial version that connects your facts to the ethical obligations of judges. Read carefully and verify that all facts are accurate before submitting.
Note for the CJC: the complaint must be no more than 20,000 characters (about 6 double-spaced pages) and cannot contain hyperlinks. All allegations must be described in the form's text — not in attached documents.
Submit your complaint to the right body
The complaint must be made in writing. Neither council handles complaints by telephone.
The service is entirely free, regardless of which body handles it. You will receive an acknowledgment of receipt, and the council will send a copy of your complaint to the judge concerned so they can submit their observations.
Possible decisions after review of your complaint
After reviewing your complaint, each council can make one of the following decisions:
Dismissal of the complaint · Corrective measures (warning, training, ordered apology) · Constitution of a board of inquiry · Reprimand · Recommendation for removal from office
At the CMQ (provincial judges): the Council's decision is final. There is no appeal mechanism for the complainant. Only an application for judicial review of legality may, exceptionally, be presented to the Superior Court.
At the CJC (federal judges): since Bill C-9 came into force on June 22, 2023, an internal appeal mechanism exists — but it belongs to the judge concerned or to the presenting counsel, not to the complainant. The process can lead to an appeal panel of the Council and, ultimately, to an application for leave to appeal before the Supreme Court of Canada.
If new facts come to light later, you can always file a new complaint.
What AI does — and what it does not do
AI helps you organize your facts and draft a clear and respectful document. It does not give you legal advice and does not replace a legal professional.
Judicial councils frequently dismiss complaints that actually target a judicial decision rather than the conduct of a judge. Before filing a complaint, ask yourself: am I challenging the judgment (wrong decision) or the conduct (attitude, words, gestures)? To challenge a judgment, you must appeal within the prescribed deadlines.
If you are dissatisfied with the quality of services provided by the CMQ itself (delays, communication, file management — and not the result), you can contact the Québec Ombudsman. It cannot modify or overturn the Council's decisions, but it can investigate the quality of the handling.
If your situation is complex, you can consult a lawyer or, if you are eligible, obtain legal aid.
Ready to submit your complaint?
START MY COMPLAINT TO THE CMQ →Judicial ethics exists for everyone
Judges hold considerable power over the lives of citizens. This power comes with strict ethical duties: integrity, impartiality, courtesy, restraint, equal treatment. When a judge fails in these duties, there is neither shame nor recklessness in filing a complaint — it is a mechanism provided by law, accessible to every citizen, free, and one that helps improve the quality of the judicial system. Identify the right body, organize your facts, draft your complaint with the help of AI, and submit it. The rest is up to the competent council.
An error to report? Information to add or a question about this guide? Write to us at justice-quebec@outlook.com — we read every message.