Inadmissible

The Quebec Disciplinary Council dismissed a private  complaint

In support of her complaint, Ms. ^Gélinas  claims that the respondent demonstrated incompetence in her duties at the Commission d’accès à l’information (CAI), more particularly in the context of a letter dated April 26, 2024 that she sent to her in response to her request to replace the administrative judge assigned to her case.

The respondent filed a motion to dismiss the complaint on the grounds that it was abusive, frivolous or manifestly unfounded, arguing in particular that she did not act as a lawyer, but as a member of an administrative tribunal in the exercise of a jurisdictional function.

Grounds to dismiss

a complaint that has no reasonable chance of success may be declared abusive. It is then up to the complainant to demonstrate, on the face of his complaint, that he is not acting in an unreasonable, disproportionate or excessive manner and that his complaint is justified in law.

Complainant

For many years, Ms. Gélinas has been requesting information from the City of Longueuil (the City) regarding snow removal on a street on which she owns a building. Being dissatisfied with the documents she receives, she turns to the CAI.

On November 18, 2022, the CAI rendered a decision in file 1022645-J, written by administrative judge Marc-Aurèle Racicot (administrative judge Racicot), and Ms. ^Gélinas  appealed this decision to the Court of Quebec.

Recusal sought

On February 29, 2024, Judge Daniel Lévesque, jcq, dismissed the appeal of the decision rendered by Administrative Judge Racicot on November 18, 2022, as well as that of the decision of the same administrative judge refusing to recuse himself in case 1028660-J 

Dismissal of complaint

This complaint is based on       ^Ms. Gélinas ’ dissatisfaction with the decision of Administrative Judge Racicot to refuse to recuse himself. Although she appealed this decision, she argues that Justice Lévesque, jcq, who dismissed her appeal, did not have the right to rule on this matter. In this regard, Ms. ^Gélinas filed another appeal before the Court of Québec, which will be heard on August 21, 2024 

It must therefore be noted that the complaint is inadmissible, and even if it were admissible, it is abusive and manifestly unfounded.

(Mike Frisch)