When you step into a courtroom, you expect complete impartiality and professionalism. A national judicial review body recently found a New Brunswick judge fell short of this standard. The Canadian Judicial Council ruled that Court of King’s Bench Justice Frederick Ferguson used his authority inappropriately during an interaction with a junior lawyer.

According to a report from CTV News Atlantic, the panel concluded there is no reasonable basis to remove the justice from the bench. However, the review body ordered Ferguson to send a written apology to the junior lawyer within sixty days. The council also issued a public expression of concern and labeled the judge’s conduct as questionable.

The Courthouse Incident

The ruling stems from a May 2025 complaint filed by lawyer Nathan Gorham. The review panel focused on an unauthorized private conversation Ferguson initiated with an unnamed junior defence lawyer at the courthouse.

The junior lawyer was picking up an audio recording for a pending recusal motion against Ferguson. During this exchange, the judge discussed a previously dismissed complaint against himself. He also suggested the lawyer lacked enough time to incorporate the new recording into the motion materials due that same day.

The judicial panel noted the young lawyer felt intimidated by the interaction. Ferguson admitted his actions were plainly wrong and an inappropriate use of his authority. He stated he did not intend to interfere with the upcoming recusal motion and recognized he should not have put himself in that position. The panel accepted that Ferguson understands his actions were inappropriate and will avoid such behavior in the future.

Dismissed Allegations and Legal Pushback

Gorham included several other allegations in his complaint. He accused Ferguson of abusive and derogatory behavior toward lawyers, litigants, and other judges. Gorham also alleged the judge made false factual claims, displayed bias, and made comments denigrating a witness based on stereotypes regarding sexual activity and gender.

The review panel dismissed all these additional complaints. The council found them unsubstantiated, related to the judge’s use of discretion, or falling below the threshold for judicial misconduct.

Gorham operates law offices in Toronto and Fredericton. He declined to comment on the substance of the decision due to an ongoing application before the Ontario Superior Court of Justice. This legal filing aims to bring more transparency to how the Canadian Judicial Council reviews allegations of judge misconduct.

“The current CJC process violates fundamental democratic principles because it permits the dismissal of serious and credible complaints based on the private written defence of the subject judge, without an investigation and without permitting the complainant to respond,” Gorham wrote in an emailed statement.

Past High Profile Case Involvement

You will recognize Ferguson’s name from a major 2020 case. Ferguson was removed as the judge in the case of Matthew Raymond. Raymond was found not criminally responsible in the 2018 shooting deaths of four people in Fredericton. Gorham served as defence counsel in that case and applied for Ferguson to recuse himself due to alleged bias. Chief Justice Tracey DeWare stated the application was moot since Ferguson was replaced, though the court gave no official reason for his removal.

Frequently Asked Questions

What did Justice Frederick Ferguson do?

The Canadian Judicial Council found Justice Ferguson initiated an unauthorized private conversation with a junior lawyer and discussed privileged information intended to influence an upcoming recusal motion.

What is the penalty for the judge?

The review panel ordered Ferguson to write an apology to the junior lawyer within sixty days. The council also issued a public expression of concern regarding his questionable conduct.

Were there other complaints against the judge?

Yes. Lawyer Nathan Gorham filed several other complaints alleging bias and derogatory comments. The panel dismissed these additional claims because they did not meet the threshold for judicial misconduct or lacked substantiation.

Can the judge be removed from the bench?

The Canadian Judicial Council review panel determined there is no reasonable basis to remove Justice Ferguson from his position.