“A laundering”: a judge investigated for perceived racist remarks will not be sanctioned

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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 have sued Judge Terry Clackson for comments he made in finding David and Collet Stephan not guilty of failing to provide the necessities of life during the death of their son from 19 months.

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 comprehensibly 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.

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

His comments prompted the Alberta Court of Appeal to overturn the decision and order a third trial, which never took place.

The council, in its report released Wednesday, 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.”

Clackson, a Court of King’s Bench judge, has consulted with experts, done readings in the area of ​​cultural sensitivity, will continue to take advantage of cultural competency classes offered by judicial educators, and has agreed to be mentored regularly, Hinkson said.

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

Two of the signatories to the original complaint letter were disappointed with the council’s decision.

“I am surprised and disappointed by this decision by the Canadian Judicial Council,” said Juliet Guichon, a bioethicist at the University of Calgary, who helped draft the letter.

Clackson acted in a way that made it seem like he had an unconscious, implicit or subconscious bias against someone who might be marginalized in society, she said in an interview.

“Thus, this finding is consistent with a general understanding that his behavior brings the administration of justice into disrepute, so it’s unclear why he remains in office,” Guichon said.

Dr. Ian Mitchell, clinical professor and professor emeritus of pediatrics at the University of Calgary, said he had hoped for more from the legal advice.

“It was a whitewash. It’s a long response that says nothing of substance. He says he’s sorry for upsetting people, which is not an apology…an apology is when you apologize for your actions,” Mitchell said.

“Nor does it address the issue that his discrediting of the leading strong medical evidence witness affected the decision,” he added.

“He shouldn’t be on the bench.”

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