Leslie Smith, a lawyer in Ontario for 34 years, and a judge for 17 years, took to task the bias of Chief Justice Richard Wagner against the protesting truckers. She militated for lodging a complaint in the Canadian Judicial Council, because he would be eventually ruling on cases related to the truckers and the invocation of the Emergencies Act, indicating that he has already reached a conclusion (a particularly severe one). Usually, such bias is a basis for appeal—but not when the top justice of the country is involved. This undermines public confidence in the integrity of the judicial system. The complaint to the Judicial Council has in fact been filed.
Preston Manning noted that the Chief Justice is also the Chair of the Judicial Council itself. Smith noted that there are multiple procedures of investigation, and the outcome is not a foregone conclusion. Manning said that if this happened in the US, there would have been a motion to impeach the judge. Smith is not sure that process exists for Canadians.