The Chinese Canadian National Council (CCNC) alleged that Justice James MacPherson of the Ontario Court of Appeal made inappropriate comments to counsel during the course of argument on an appeal

20020006 - The Chinese Canadian National Council (CCNC) alleged that Mr. Justice James MacPherson of the Ontario Court of Appeal made inappropriate comments to counsel during the course of argument on an appeal. The CCNC alleged that views expressed by the judge constituted stereotyping of a racial community and reflected his view that the community was inferior to other Canadians. The letter sought an apology from the judge.

The judge explained that he had not asserted any personal views and that his interventions were direct questions or comments inviting a response. The CCNC was advised that it was both unjustified and unfair to extrapolate from the judge's language that he was racist. It was understandable that litigants who have experienced an injustice would be dismayed to see their attempts to seek redress aggressively questioned by the judges who must ultimately rule on the matter, but that is a reality of appellate advocacy. The obligation of judges to avoid the dangers of stereotyping was emphasized but it was clear the judge understood this responsibility. There was no intention on the judge's part to offend or be insensitive to any individual or group. To the extent that had occurred, unintentionally, Mr. Justice MacPherson expressed his sincere regret. There was no basis for further action by the Council. The responses of the Council and Mr. Justice MacPherson were made public.