Alberta judge investigated for perceived racist comments will not face sanctions

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The Canadian Judicial Council said it would take no further action against an Alberta judge after receiving a complaint that comments he made about a Nigerian medical examiner could be perceived as racist.

Dozens of medical and legal experts filed suit in 2019 against Judge Terry Clackson over comments he made in finding an Alberta couple not guilty of failing to provide the necessities of life when their son died of 19 months.

Clackson said in his ruling that Dr Bamidele Adeagbo spoke with an accent and was difficult to understand and also called out the doctor for his body language and physical antics.

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His ability to articulate his thoughts in an understandable manner was severely impaired by: his scrambled enunciation; his inability to use proper endings for plurals and past tenses; his inability to use the proper definite and indefinite articles; his repeated emphasis on the wrong syllables; drop his H; mispronounce vowels; and the speed of his responses, Clackson wrote at the time.

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The judge called Adeagbo’s “body language and physical antics…not the 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 admits 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.”

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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.

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

© 2023 The Canadian Press

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