January 1 2002

A complainant alleged that the judge’s speech to a bar association revealed a social agenda and a gender bias in favour of women

20020002 - A complainant alleged that the judge’s speech to a bar association revealed a social agenda and a gender bias in favour of women. He also said the speech showed a “pre-judgment” of many issues of family law and specifically revealed a prejudgment before the appellate court of which the judge was a member.

The complainant was advised that the text of the speech did not support these allegations. The judge had presented a summary of the case law concerning a number of issues in family law as developed by the courts in Canada, and the Supreme Court of Canada in particular, and legislation that had been enacted to address some of these issues. The case law discussed did indicate how the courts had dealt with four substantive areas of family law. The complainant was advised that these decisions may have given some indication of how the courts could approach other cases on the principle whereby a precedent or decision of a higher court is binding on lower courts. The complainant was advised that he had provided no basis for further action by the Council pursuant to its mandate under the Judges Act.

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