John Gomery

Justice John H. Gomery, BCL, BA, QC (born August 9, 1932 in Montreal, Quebec, Canada) is a Canadian jurist.

Career

Gomery was educated at McGill University where he received Bachelor of Arts (BA) and a Bachelor of Civil Law (BCL) degrees. Gomery was a member of the McGill Law Journal.

Since 1957, Gomery worked at the law firm Fasken, Martineau and Dumoulin in the areas of family law, commercial litigation and bankruptcy and became a partner there in 1966. In 1972, he was appointed QC. In 1982, he was appointed to Quebec Superior Court Montreal district and from 1999 to 2005 served as President of the Copyright Board of Canada (renewed in 2002).

Gomery has also been involved in the Canadian Bar Association and Chambre des notaires du Québec. He was also President of the Comité Général des Juges de la Cour supérieure du Québec, President of the Family Law Committee from 1983 to 1993 and has been a member of the Rules of Practice Committee since the beginning.

Gomrey retired from the court bench on August 9, 2007, after turning 75, the age of mandatory retirement.

Gomery Commission

Gomery was appointed on February 19, 2004 as "Commissioner of Inquiry into the Sponsorship Program and Advertising Activities" (informally, the Gomery Commission) to investigate the Sponsorship scandal. Gomery's mandate is set by Section IV, clause I of the Inquiries Act which states: "The Commissioner [is] directed to perform his or her duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization and to ensure that the conduct of the inquiry does not jeopardize any ongoing criminal investigation or criminal proceedings." In other words, Gomery's mandate is only to determine whether there were problems with the federal sponsorship program in Quebec between 1995-2003; he is explicitly forbidden when he issues his report to name any individuals or organizations that may have been responsible for the alleged fraud that occurred during the sponsorship program. Gomery's report assisted the Royal Canadian Mounted Police with further investigations, which led to criminal charges being filed and prosecuted against certain key figures in the scandal.

He has been criticized by many, in particular Chrétien supporters, who see his dealings in the commission as biased. Others also criticized Gomery's terms of reference which did not allow the inquiry to investigate Paul Martin's contracting habits as finance minister. [http://cnews.canoe.ca/CNEWS/Canada/2005/11/02/1289613-cp.html]

In 2005, the Canadian Press named Gomery "Newsmaker of the Year." "Time" magazine also named him its "Canadian Newsmaker of the Year."

Jean Chrétien went to federal court to clear his name and have the Gomery report invalidated. On June 26, 2008, federal judge Max Teitelbaum criticized Gomery for having a preoccupation with the media spotlight that led him to give interviews he should have eschewed, making comments that indicated he judged issues before all evidence was heard, exhibited bias against Mr. Chrétien, and trivialized the inquiry proceedings. For instance, Teitelbaum pointed out that Gomery's remark halfway through the hearings that "juicy stuff" was yet to come made it appear that evidence of wrongdoing was expected before it was heard. The federal judge also ruled that Gomery's comments on "small town cheap" amounted to a personal insult against Chrétien. The court quashed the Gomery inquiry's conclusions that Chrétien and Pelletier bore responsibility for the sponsorship scandal. [http://www.thestar.com/News/Canada/article/450179] [http://www.theglobeandmail.com/servlet/story/LAC.20080627.GOMERY27/TPStory/National]

References

*cite news|last=Garvey|first=Bruce|title=Don't Wait for Gomery|A26|publisher="National Post"|date=2005-05-05