MONTREAL -- A Quebec Superior Court justice should be allowed to return to the bench, the Canadian Judicial Council has concluded following a probe into serious allegations.
The recommendation regarding the fate of Michel Girouard goes against that of a panel convened by the judicial watchdog that ruled last November his return should be blocked.
The three-member panel ruled 2-to-1 in favour of Girouard's removal last November -- not because the allegations against him were founded -- but due to his conduct during the hearings.
Two members -- Paul Crampton, chief justice of the Federal Court, and Ronald LeBlanc, a Quebec lawyer -- concluded that inconsistencies and contradictions in his testimony raised questions about Girouard's credibility.
They wrote that despite his impeccable record as a judge, a return to the bench would undermine public confidence
The chair of the inquiry panel, Manitoba Chief Justice Richard Chartier, was opposed, saying Girouard could not be punished for something he was not accused of.
In a statement released Wednesday, the council said the panel's decision had been reviewed and rejected because it was not relayed to Girouard to give him a chance to respond.
"The decision was made not to consider the finding that the judge attempted to conceal the truth because the judge was not given advance notice of the majority's concerns, and therefore could not respond to those concerns," the council wrote.
The report has been submitted to Justice Minister Jody Wilson-Raybould, who will make the final call on Girouard's reinstatement.
Girouard was named to Superior Court in September 2010 after practising law for a quarter-century in the Abitibi region in northwestern Quebec.
An unnamed police informant alleged in 2012 that Girouard, while working as a lawyer, bought cocaine from him.
Francois Rolland, then-chief justice of Quebec Superior Court, asked the council to investigate and Girouard was suspended with pay in January 2013.
The panel watched closed-circuit footage of a suspicious exchange in a movie store between Girouard and an accused. The video was seized during a provincial police drug probe dubbed Operation Crayfish.
The accused, Yvon Lamontagne, was a client of Girouard's on a tax matter. Girouard was not targeted in the drug probe and testified he'd never used or bought drugs.
Girouard conceded in testimony the video taken roughly two weeks before his appointment looked suspicious but said the cash he gave was payment for previously purchased adult movies and that what he received was a note relating to a tax issue.
The council agreed with the panel that, on a balance of probabilities, the video didn't depict Girouard trying to purchase an illicit substance and that there was no evidence he used or purchased cocaine prior to his appointment.
