January 1 2005

The complainant alleged that the judge of a superior court, during criminal proceedings, made disparaging remarks about the competence of judges of the provincial court

20050008 - The complainant alleged that the judge of a superior court, during criminal proceedings, made disparaging remarks about the competence of judges of the provincial court. In particular, that the judge had said that some of the decisions of the provincial court were “out in left field” and that one particular judge did not understand the law.

Comments were sought from the judge in question, who indicated that he was “mortified” by his remarks and that, immediately after making them, he had offered his sincere apologies to the provincial court judge in question. He indicated that, at the time, he was experiencing some serious personal difficulties and that he was under considerable stress. He said he was profoundly sorry and that he would be mindful of never repeating such an error. The judge’s Chief Justice expressed his confidence in the judge’s abilities.

The Vice-chairperson agreed that the judge’s remarks were inappropriate and expressed his concerns about the judge’s conduct. In light of the judge’s sincere expression of regret, however he deemed that there was no necessity of further review. The judge’s comments and apology were shared with the complainant and the file was closed.

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