Complaint 2

One of the goals of the complaints process is to make sure judges learn from any mistakes and are able to change any behaviour that is not in keeping with the high expectations we have for all judges. When a complaint is made, a judge will sometimes note that there was a problem with their conduct and they must do better in future.

This was the case when a complainant said that the judge used inappropriate language and humour in case conferences about custody and care of children. The complainant said that the judge treated him and his children with very little respect. Also, during one case conference, the judge kept the complainant on the phone without any valid reason, despite knowing that the complainant was taking the call outdoors in very cold winter weather. More importantly, the complainant was troubled by the judge's attempts at humour when questioning the children.

A full review of the material and transcript was made. The judge said that he now saw that he had acted improperly. He said that while the purpose of the telephone conference call was to ensure a full discussion on very important issues, he should have tried to better accommodate the complainant.

The judge also acknowledged that he should not have used humour. He said that his intent was to try and make things easier for the children, his comments in fact offended some people in the courtroom and made things more difficult for the children.

The judge offered a full apology to the complainant and his children. He decided not to hear future matters in that specific case. The judge also agreed to take advantage of a training course that allows judges to improve their communication skills in the courtroom.

Council noted that this was a serious matter but that the judge's conduct in this one isolated case would not prevent him from performing his duties in the future. Given the judge's commitment to learn from this incident and his full apology to the complainant and his children, the file was closed. // NEXT