The Honourable Derek Bennett, Chair of the House of Assembly Management Commission, advises that the Honourable J. Derek Green, former Chief Justice of Newfoundland and Labrador, has been appointed to undertake an independent review of the findings and report of the Citizens’ Representative entitled “A Report on Public Interest Disclosures Regarding the Chief Electoral Officer for Newfoundland and Labrador” (the Report), dated March 2022.

The review will consist of an analysis of the Report based on the evidence and findings contained in it, and will not be a re-investigation. The Reviewer may make inquiries of, or invite submissions from, persons determined necessary to fulfil the responsibilities under the referral. The terms of reference specify that the following be provided to the Management Commission by September 15, 2022:

i. an analysis of the Report, including any procedural, human resource or legal issues identified and whether any further investigations, proceedings or analyses are appropriate or desirable in the circumstances;

ii. a recommendation whether, in the opinion of the Reviewer based on the analysis of the Report, action contemplated under section 5.3 of the Elections Act, 1991 may be considered appropriate; and

iii. a recommendation whether, in the opinion of the Reviewer, any further investigations, proceedings or analyses are appropriate or desirable.

The above-noted will be considered by the Management Commission to inform recommendations to the Lieutenant-Governor in Council further to the request of June 8, 2022. The complete terms of reference is provided in the backgrounder below.

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“The Management Commission is committed to ensuring that due diligence and procedural fairness underpins its recommendation(s) to the Lieutenant-Governor in Council. The Commission extends its sincere appreciation to former Chief Justice Green for accepting this assignment. The former Chief Justice was the sole commissioner on the Review Commission on Constituency Allowances and Related Matters of the House of Assembly, which resulted in the rigourous and accountable administrative governance framework under which the Legislature operates. He is eminently suited to undertake this work.”
Honourable Derek Bennett
Speaker of the House of Assembly
Chair of the Management Commission

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Media contact
Bobbi Russell
Policy and Communications Officer
House of Assembly
709-729-1178
bobbirussell@gov.nl.ca

Backgrounder

Terms of Reference – Independent Review of the Findings and Report of the Citizens’ Representative:

The Management Commission directs that the Honourable J. Derek Green, former Chief Justice of Newfoundland and Labrador (“the Reviewer”), be engaged to review the report of the Citizens’ Representative entitled “A Report on Public Interest Disclosures Regarding the Chief Electoral Officer for Newfoundland and Labrador”, March 2022, as follows:

1. The Reviewer shall analyze the Report based on the evidence and findings contained in it and shall not perform a reinvestigation of the said Report;
2. The Reviewer may make inquiries of or invite submissions from the Citizens’ Representative and the Chief Electoral Officer, or their counsel, on the findings contained in the report;
3. The Reviewer may make inquiries of or invite submissions from such other persons the Reviewer determines necessary to fulfil the Reviewer’s responsibilities under this referral;
4. The Reviewer may consult with the House of Assembly Service regarding matters of parliamentary procedure, parliamentary privilege and the administrative governance framework of the Legislature;
5. The Secretary to the Management Commission shall provide the Reviewer with those human resources or other supports necessary to complete the review;
6. The Reviewer shall provide to the Management Commission the following:
   a) an analysis of the Report, including any procedural, human resources or legal issues identified and whether any further investigations, proceedings or analyses are appropriate or desirable in the circumstances;
   b) a recommendation whether, in the opinion of the Reviewer based on the analysis of the Report, action contemplated under section 5.3 of the Elections Act, 1991 may be considered appropriate, including whether a further term of suspension should be imposed or whether the Chief Electoral Officer should be removed from office for misconduct, cause or neglect of duty as contemplated by that section; and
   c) a recommendation whether, in the opinion of the Reviewer, any further investigations, proceedings or analyses are appropriate or desirable to determine any other appropriate remedy;
7. The Reviewer shall complete the work contemplated in this referral and shall report on the analysis completed and make the required recommendation by September 15, 2022;
8. The Reviewer shall be available for consultation with the Management Commission for three months after delivering the review of the above-noted report.

Biography – Hon. J. Derek Green, LL.D., Q.C.:

Derek Green practiced law in St. John’s, NL from 1973 to 1992. He was appointed Queen’s Counsel in 1987. In 1992, he was appointed a trial judge of the Supreme Court of Newfoundland in the Judicial Centre of Grand Bank. He was transferred to the Judicial Centre of St. John’s in 1993. In 1996, he was appointed to the Newfoundland and Labrador Court of Appeal where he served until 2000, when he was appointed Chief Justice of the Supreme Court of Newfoundland, Trial Division. In 2009, he was appointed Chief Justice of Newfoundland and Labrador and served as Chief Justice in the Court of Appeal until he elected supernumerary (part-time) status in 2017. He was appointed a justice of the Court Martial Appeal Court of Canada in 2019. He fully retired from the judiciary in 2022, after 30 years of service on the Bench.

In 2006, former Chief Justice Green acted as Chair of the Commission of Inquiry on Constituency Allowances and Related Matters concerning Members of the House of Assembly of Newfoundland and Labrador and delivered his report in 2007, which made comprehensive recommendations for reform of the management, administration, accountability and spending practices in the House of Assembly.

On June 1, 2022, Memorial University of Newfoundland and Labrador conferred on Justice Green the degree of Doctor of Laws, honoris causa, in recognition of “his outstanding contributions to the law and to civil society in newfoundland and Labrador and Canada as a lawyer, justice, judicial leader and scholar.”