In the 1970s, Richard Therrien was convicted of assisting four members of the Front de libération du Québec during the October Crisis.

Once the committee discovered the existence of a criminal history they got the Minister of Justice to issue a complaint to the Quebec Conseil de la magistrature.

Therrien applied to have the decision of the Conseil to be judicially reviewed and challenged the constitutionality of the removal process under the Courts of Justice Act.

Justice Gonthier, writing for a unanimous Court, dismissed Therrien's appeal.

He found that judicial independence did not extend so far as to require that any removal of a judge must involve an address to the legislature and so section 95 was constitutional.