Representatives of five Aboriginal groups lodged 10 specific complaints alleging derogatory comments about Aboriginal culture by Mr. Justice F. G. Barakett of the Superior Court of Quebec in a custody case

20020015 - Representatives of five Aboriginal groups lodged 10 specific complaints alleging derogatory comments about Aboriginal culture by Mr. Justice F. G. Barakett of the Superior Court of Quebec in a custody case. The complaint was received shortly before the Quebec Court of Appeal was to hear the appeal of Mr. Justice Barakett’s judgment. While a three-member Panel was reviewing Mr. Justice Barakett’s statements and judgment and his response to the complaint, the Council received a further letter from Mr. Justice Barakett in which he indicated that he was prepared to offer a ‘‘public apology” for the hurt his comments had caused. He subsequently wrote a letter of apology for public release.

The Panel concluded that some of the judge’s comments were insensitive and insulting to Aboriginal culture. The judge’s observations implied an inherent inferiority in the Aboriginal community, references which were “incompatible with the equality rights guaranteed in the Canadian Charter of Rights and Freedoms.” The Panel concluded that the judge was sincere in recognizing his errors and had made a full and unqualified acknowledgment of the impropriety of his comments. Mr. Justice Barakett had indicated that he would pursue seminars to improve his understanding of Aboriginal culture. The judge’s associate chief justice, expressed confidence in Mr. Justice Barakett and his view that the judge was capable of continuing to serve the public in that role. The Panel noted that the comments complained of did not affect the outcome of the case. Some of the complaints raised legal matters for consideration on appeal and were not matters of conduct for the Council. The Panel decided that no investigation by an Inquiry Committee was warranted as the judge’s conduct was not serious enough to warrant removal. The Panel closed the file with a letter expressing its disapproval of certain aspects of the conduct. Because of the publicity surrounding the release of the complainants’ letter and their subsequent news conference, the Panel authorized public release of its letter to the judge.

The Court of Appeal dismissed the Aboriginal mother’s appeal of Mr. Justice Barakett’s judgment, and the Aboriginal groups then complained about the three judges who sat on the appeal, alleging they “sought to legitimatize the highly questionable conduct of [the judge]” and in doing so had “engaged in an undeniable pattern of discriminatory and inappropriate conduct in reaching their conclusions.” The complainants were advised that there was no evidence of misconduct by the appeal court judges.