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John Gomery
John Howard Gomery QC (August 9, 1932 – May 18, 2021) was a Canadian jurist from Quebec. He was a Justice of the Quebec Superior Court from 1982 to 2007, and appointed Commissioner for the Royal Commission investigating the Sponsorship scandal in 2004.
Gomery was born in Montreal, Quebec, on August 9, 1932, the third of four children to Jean (née Brook) and Walter Bertram Gomery. Gomery's father was a stockbroker who had lost his savings during the Great Depression. Growing up the in anglophone community of Montreal West, Gomery did not encounter francophone culture until attending McGill University at 18. Gomery completed his education at McGill, receiving a Bachelor of Arts (BA) degree in 1953, and his Bachelor of Civil Law (BCL) in 1956. While attending McGill, Gomery was a member of the McGill Law Journal.
In 1957, Gomery was called to the Quebec Bar and worked at the law firm Fasken, Martineau and Dumoulin in the areas of family law, commercial litigation and bankruptcy. Gomery focused primarily on divorce law which required a decree from the Senate of Canada at the time. François Perreault notes that family law was not a common specialty in the 1950s, and was poorly regarded by the legal profession. He became a partner in 1966. In 1972, he was appointed Queen's Counsel (QC).
In 1982, Gomery was appointed to Quebec Superior Court Montreal district by Minister of Justice Mark MacGuigan.
Gomery served as President of the Copyright Board of Canada from 1999 to 2005. 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 its inception.
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 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 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, 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 saw 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.
John Gomery
John Howard Gomery QC (August 9, 1932 – May 18, 2021) was a Canadian jurist from Quebec. He was a Justice of the Quebec Superior Court from 1982 to 2007, and appointed Commissioner for the Royal Commission investigating the Sponsorship scandal in 2004.
Gomery was born in Montreal, Quebec, on August 9, 1932, the third of four children to Jean (née Brook) and Walter Bertram Gomery. Gomery's father was a stockbroker who had lost his savings during the Great Depression. Growing up the in anglophone community of Montreal West, Gomery did not encounter francophone culture until attending McGill University at 18. Gomery completed his education at McGill, receiving a Bachelor of Arts (BA) degree in 1953, and his Bachelor of Civil Law (BCL) in 1956. While attending McGill, Gomery was a member of the McGill Law Journal.
In 1957, Gomery was called to the Quebec Bar and worked at the law firm Fasken, Martineau and Dumoulin in the areas of family law, commercial litigation and bankruptcy. Gomery focused primarily on divorce law which required a decree from the Senate of Canada at the time. François Perreault notes that family law was not a common specialty in the 1950s, and was poorly regarded by the legal profession. He became a partner in 1966. In 1972, he was appointed Queen's Counsel (QC).
In 1982, Gomery was appointed to Quebec Superior Court Montreal district by Minister of Justice Mark MacGuigan.
Gomery served as President of the Copyright Board of Canada from 1999 to 2005. 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 its inception.
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 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 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, 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 saw 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.