N.W.T. judicial committee reschedules complaint hearing for judge

A council tasked with investigating complaints into Northwest Territories judge Donovan Molloy agreed to adjourn the hearings into allegations of a pattern of intimidating, insulting and belittling behaviour until early 2023.

A lawyer representing Molloy at Wednesday's hearing said his client's health concerns prevent him from participating at the moment.

Molloy, who is on an indefinite leave of absence, was not at the hearing. The former privacy commissioner for Newfoundland and Labrador is the subject of a 40-page complaint filed to the N.W.T.'s Judicial Council for Territorial Judges last year.

CBC News obtained a copy of the complaint in April, though the name of the complainant was not included. It detailed 11 separate incidents between 2019 and 2021 involving multiple court cases and lawyers.

It alleges Molloy's personal attacks from the bench at times left Crown lawyers in tears and physical distress.

"This is not an isolated incident, this is not a judge who comes to the bench with no criminal law experience; rather, this is an entrenched pattern of bullying that has indelibly frayed the fabric of justice in Northwest Territories," read part of the complaint.

On Wednesday, the complainant was identified as Martha Chertkow, a former Crown lawyer in the N.W.T. She no longer practices in the territory though currently works as legal counsel with the federal Justice Department. Chertkow was represented by lawyer Kent Teskey, who also appeared by video.

Chertkow along with Robert Bradbury, a St. John's-based lawyer representing Molloy, appeared via video during a brief hearing inside the Copper Room at the Quality Inn in Yellowknife where a preliminary motion was scheduled to take place.

A five-member subcommittee of the Judicial Council for Territorial Judges chaired by Justice Karan Shaner agreed to adjourn the motion until Jan. 16 and 17 with the hearing itself set to begin Feb. 24.   

The council investigates written complaints against judges and has the ability to suspend a judge, or recommend to the territory's justice minister that a judge be removed from office.

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While the council agreed to adjourn the case to a later date when Molloy would be able to participate, it rejected part of a request by his council to hold the adjournment application in private. Bradbury argued that's because it would involve Molloy's medical records. 

After a brief recess, the council's chair said it would take a middle ground approach, sealing records related to Molloy's medical information but allowing the proceedings to proceed in public. 

In August, Molloy told CBC he would be requesting a medical adjournment after having been hospitalized on Aug. 7, which prevented him from preparing for the hearing. 

Molloy declined to comment when reached by CBC through email on Wednesday.