John Gomery | |
|---|---|
| Justice of theQuebec Superior Court | |
| In office 1982 – August 9, 2007 | |
| Personal details | |
| Born | (1932-08-09)August 9, 1932 Montreal,Quebec |
| Died | May 18, 2021(2021-05-18) (aged 88) |
| Spouse | |
| Education | McGill University |
John Howard GomeryQC (August 9, 1932 – May 18, 2021) was a Canadian jurist from Quebec. He was a Justice of theQuebec Superior Court from 1982 to 2007, and appointed Commissioner for theRoyal Commission investigating theSponsorship scandal in 2004.
Gomery was born inMontreal,Quebec, on August 9, 1932, the third of four children to Jean (née Brook) and Walter Bertram Gomery.[1][2] Gomery's father was a stockbroker who had lost his savings during theGreat Depression.[1] Growing up the in anglophone community ofMontreal West, Gomery did not encounter francophone culture until attending McGill University at 18.[1] Gomery completed his education at McGill, receiving aBachelor of Arts (BA) degree in 1953, and hisBachelor of Civil Law (BCL) in 1956. While attending McGill, Gomery was a member of theMcGill Law Journal.[1]
In 1957, Gomery was called to the Quebec Bar and worked at thelaw firmFasken, Martineau and Dumoulin in the areas offamily law,commerciallitigation andbankruptcy.[3] Gomery focused primarily on divorce law which required a decree from theSenate of Canada at the time.[3] François Perreault notes that family law was not a common specialty in the 1950s, and was poorly regarded by the legal profession.[3] He became a partner in 1966. In 1972, he was appointedQueen's Counsel (QC).
In 1982, Gomery was appointed toQuebec Superior Court Montreal district byMinister of JusticeMark MacGuigan.[1]
Gomery served as President of theCopyright Board of Canada from 1999 to 2005.[4] Gomery has also been involved in theCanadian Bar Association andChambre des notaires du Québec. He was also President of theComité 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 its inception.[4]
Gomrey retired from the court bench on August 9, 2007, after turning 75, the age of mandatory retirement.
Gomery was appointed on February 19, 2004 asCommissioner of Inquiry into the Sponsorship Program and Advertising Activities (informally, theGomery Commission) to investigate theSponsorship 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 was only to determine whether there were problems with the federal sponsorship program in Quebec between 1995 and 2003; he was explicitly forbidden to name any individuals or organizations that may have been responsible for the alleged fraud that occurred during the sponsorship program. Gomery's report, available in several parts e.g.Restoring Accountability: Recommendations,[5] assisted theRoyal 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 particularChrétien supporters, who saw his dealings in the commission as biased. Others also criticized Gomery's terms of reference which did not allow the inquiry to investigatePaul Martin's contracting habits as finance minister.[6]
In 2005, theCanadian Press named GomeryNewsmaker of the Year.Time magazine also named him itsCanadian 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 judgeMax Teitelbaum criticized Gomery for making comments that indicated he judged issues before all evidence was heard and exhibited bias against Chrétien. The federal judge also ruled that Gomery's comments on "small town cheap" amounted to a personal insult against Chrétien. The court criticized the Gomery inquiry's conclusions that Chrétien andJean Pelletier bore responsibility for the sponsorship scandal.[7][8]
Gomery married Pierrette Rayle in 1973, she started as a new hire at Gomery's firm of Martineau Walker in 1969.[9] Rayle was appointed to the Superior Court of Quebec on May 9, 1995, making them the first couple to serve as Superior Court judges in Quebec.[9] Together they had four children.
Gomery was diagnosed withLeukemia in the early 2000s which was successfully treated.[10]
Gomery's daughter Sally A. Gomery was appointed to theOntario Superior Court of Justice on July 1, 2017.[11] Gomery's son Geoffrey B. Gomery was appointed to theSupreme Court of British Columbia on June 15, 2018.[12]
Gomery suffered two strokes between 2020 and 2021 and then contractedCOVID-19. He made the decision to obtain medical assistance in dying and died on May 18, 2021.[13][4]
| International | |
|---|---|
| National | |
