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Chief Justice Beverley McLachlin moved to stifle controversy over her role in awarding the Order of Canada to abortionist Henry Morgentaler today, saying she purposely did not cast a vote at a committee meeting where his name was proposed as a recipient.

Chief Justice McLachlin told reporters at the Canadian Bar Association's annual convention that her critics mistakenly believe she took a position in favour of Dr. Morgentaler receiving the award.

"There has been a lot of misinformation on this issue," she said. "Some idea was put out by I don't know who - a rumour or some source - that the chair leads the discussion. That is just not the case. My view is I'm there to ensure that the meeting runs well and fairly, and that the vote is taken fairly - not to weigh in in favour or against a particular candidate."

Chief Justice McLachlin was recently targeted in an anonymous complaint to the Canadian Judicial Council about her conduct in the Morgentaler decision. However, she said today that she is required by law to chair the Order of Canada nomination committee. "It's not something I chose to do," she said.

Speaking at a press conference, Chief Justice McLachlin said that her policy has always been to refrain from voting on Order of Canada nominees. "I feel reasonably comfortable about the process, doing it the way I have outlined that I do it and not getting involved in voting for a particular candidate or advocating for a particular candidate," she said.

"I made a personal policy decision that I would not weigh in for or against a particular name ... and that is the way I have always proceeded," she said. "In fact, I do not vote except I reserve the right to vote in the rare case of a tie. ... I'm told that I voted once to break a tie. I don't have a recollection of that. My recollection is that I have never voted."

Within moments of her declaration, Manitoba Chief Justice Richard Scott - chair of the Canadian Judicial Council's disciplinary committee - said that the chief justice's defence will likely derail the misconduct complaint.

"Based on the explanation that [Chief Justice] McLachlin gave us today - what she explained her role as - it is not likely to be viewed as judicial misconduct," he said.

"As the Chief Justice said, from day one, the chief justice has chaired the Order of Canada," Chief Justice Scott added. "In light of the role that she has assigned to herself, I'd be surprised if many people would have a problem with the way that she carries out that particular role."

He said the CJC complaint will undergo an initial examination by staff lawyers to determine whether the possibility of misconduct is so remote that it should be dismissed without a full investigation by the disciplinary committee. Since the target of the complaint is a member of the CJC itself, he said, a "senior, experienced" outside lawyer will be asked to review this preliminary decision and provide advice to the disciplinary committee.

In years to come, Chief Justice Scott said the government may need to reconsider whether judges should be required to chair commissions they are currently required to sit on - including those which decide provincial electorial boundaries.

"These are historical things that judges have done over the years because of our reputation for indepedence and impartiality," he said. "At some point in time, I think that we have to look at those kind of roles, as our society changes and people become more aware of the distinct role that the three branches of government had."

Stressing that he did not want to prejudge the Morgentaler complaint, Chief Justice Scott said noted that the complaint may contain other allegations that he is not aware of.

"The bottom line is, if it's not about misconduct, the complaint is going to be dismissed without asking the judge involved to comment," he said. "I have not said - and if I did, I'm going to correct myself - that the complaint against Chief Justice McLachlin is without merit. I haven't said it is with merit either. I've simply said that I don't see a problem in a judge - or the chief justice of Canada - performing the role that she described for us this morning. And I'd be shocked if any other judge in the country had a different opinion."

The Morgentaler affair erupted last month after the government released a list of those receiving the honour this year. Supporters of Dr. Morgentaler's key role in creating safe, accessible abortion facilities were ecstatic that his lifelong fight for abortion rights would be recognized with the country's highest honour.

However, critics denounced the decision, focusing much of their anger on Chief Justice McLachlin's lead role in the Order of Canada nomination committee.

Chief Justice McLachlin said today the volatile episode is unlikely to be repeated for a very long time.

"You have to remember that really, the possibility of a conflict between a particular nomination and a future issue that might come before the court is very remote," she said. "And you must also remember that in the judiciary, conflicts do occasionally arise. We do our best to avoid them ever happening, but the fact they happen is something you can deal with, if and when they happen."

Chief Justice McLachlin also expressed concerns today about the government's failure to speedily appoint a new Supreme Court judge to replaced Mr. Justice Michel Bastarache, who retired in June.

She said several important cases are scheduled to be heard this fall, and the court will be obliged to hear them with seven-judge panels in order to avoid the possibility of a 4-4 voting tie. Decisions rendered by just seven judges carry less authority, she said.

"It would be very desirable that we have our new member appointed so that we can go forward, in my opinion. It's very important that we be up to strength. Obviously we will carry on no matter what ... but we do have a number of important issues for the autumn where, if we were sitting seven, there might be a little bit of uncertainty. It detracts somewhat, I believe, from the certainty that attends the resolution of a legal issue."