The chief justice of the trial division of the Supreme Court of Newfoundland and Labrador has decided he will continue to preside over two court cases involving the province’s child and youth advocate and the Speaker of the House.
Justice David Orsborn told lawyers for Neville and the House of Assembly today that he would hear the case, which Neville’s lawyer asked he be removed from.
Bern Coffey argued that Orsborn’s past comments about a related case involving Neville indicated that the judge doesn’t view the matter as important.
“Is some of this at least spinning our wheels for no purpose?” Orsborn asked in July when there was a delay in one of the cases.
“It amazes me what people can find to fight about,” he added.
In his decision today, Orsborn dismissed the application, saying the comments were made in another proceeding with different facts, legal issues and, except for Neville, different parties.
 “There is no crossover of issues between the two proceedings. The comments were directed to the management of the other proceeding generally and did not go to the merits of either proceeding,” Orsborn said, adding that the comments didn’t refer to Neville.
Neville was suspended by cabinet with pay in August after she became embroiled in a series of complaints and counter-complaints, investigations and court actions. She is now going through the courts seeking the right to address the House of Assembly.
A vote in the legislature is the only mechanism that can permanently remove a child and youth advocate and she wants to defend herself if a resolution for her dismissal is tabled.
The House filed an application subsequent to Neville’s pitch to speak to the legislature. It objected to the court hearing the merits of Neville’s request before deciding if it has the jurisdiction to do so, based on parliamentary privilege.