N.B. judge used authority inappropriately, engaged in ‘questionable’ conduct: panel

FREDERICTON - A national judicial review body has concluded that a New Brunswick judge, Justice Frederick Ferguson, utilized his authority improperly and engaged in "questionable" behavior during a meeting with a junior lawyer. The Canadian Judicial Council's review panel found Ferguson to have discussed confidential information with the lawyer and made statements aimed at influencing an upcoming recusal motion.

The panel instructed Ferguson to deliver a written apology to the junior lawyer within 60 days and provide the organization with a copy. They also issued a public statement of concern, labeling Ferguson's actions as "questionable conduct."

The ruling followed a complaint lodged by a New Brunswick lawyer accusing Ferguson of multiple instances of misconduct. The panel determined there was no reasonable basis to remove Ferguson from his position under the current circumstances. Although the allegations did not include abuse towards other lawyers or sexist comments in court, the panel dismissed these accusations along with others.

Ferguson maintained that he did not intend to interfere with the recusal motion but acknowledged that he should not have placed himself in a position that could be perceived as doing so.