Alberta judge investigated for perceived racist comments will not face sanctions

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OTTAWA The Canadian Judicial Council will take no further action against an Alberta judge after people complained that comments he made about a Nigerian medical examiner could be perceived as racist.

OTTAWA The Canadian Judicial Council will take no further action against an Alberta judge after people complained that comments he made about a Nigerian medical examiner could be perceived as racist.

Dozens of medical and legal experts filed one of the complaints in 2019 against Judge Terry Clackson for comments he made in finding David and Collet Stephan not guilty of failing to provide the necessities of life during of the death of their 19-month-old son.

Clackson said in his September 2019 decision that Dr Bamidele Adeagbo spoke with an accent and was difficult to understand. The judge also called out the doctor for his body language.

“His ability to articulate his thoughts in a comprehensible manner was severely impaired by: his scrambled enunciation; his inability to use the appropriate endings for plurals and past tenses; his inability to use the appropriate definite and indefinite articles; his accent repeated on the wrong syllables; dropping his H; mispronouncing his vowels; and the speed of his responses,” Clackson wrote.

The judge characterized Adeagbo’s “body language and physical antics as not behaviors typically associated with a rational, impartial professional giving opinion evidence”.

The Canadian Judicial Council said it had received several complaints, including a letter signed by 42 doctors, lawyers and professors, which raised concerns about Clackson’s treatment of the expert medical witness.

The case was reviewed by Christopher Hinkson, chairman of the Judicial Conduct Committee and Chief Justice of the Supreme Court of British Columbia.

“(Clackson) accepts that these (comments) gave the impression that he was insensitive to the difficulties Dr. Adeagbo had in communicating answers to questions put to him during the trial,” the report read.

“Judge Clackson further acknowledges that he was insensitive to the fact that his comments could be considered derogatory, both to the witness and to others, and offered his sincere apologies to Dr Adeagbo as well as his assurances that he would will strive to do better.”

Clackson, who remains on the bench, has consulted with experts, completed readings in the area of ​​cultural sensitivity, will continue to take advantage of cultural competency classes offered by forensic educators and has agreed to be mentored on a regular basis, said Hinkson said.

He added that he was confident Clackson learned of the event and ordered the case closed.

By Bill Graveland in Calgary

This report from The Canadian Press was first published on January 18, 2023.

The Canadian Press

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