CRITICISM OF CANADIAN JUDGES MUZZLED BY PROSECUTION OF A CRITIC

Canadian judges are all perfect, you see (!!!)

The Law Society of Newfoundland and Labrador has dropped a complaint against a lawyer who said unqualified judges are one of the causes of wrongful convictions. Jerome Kennedy was charged with professional misconduct after he said in a speech in July, 2003, that judges who "don't know what they're doing" are one of the many reasons why innocent people are found guilty. In his speech, Mr. Kennedy said part of the problem is that some judicial appointments are political, and that some judges have "intentional or unintentional biases." Mr. Kennedy has worked on high-profile, wrongful-conviction cases in the province, and he is a director of the Association in Defence of the Wrongly Convicted.

His words prompted a complaint to the law society from Chief Justice Derek Green of the trial division of Newfoundland's Supreme Court, who said the comments could dent the public's faith in the impartiality of judges. Mr. Kennedy was charged with bringing the administration of justice into disrepute. An adjudication panel began a hearing in January, 2005, but was put on hold for months when one of the tribunal's rulings was appealed through the court system. The matter was finally diffused after a recent ceremony at which Chief Justice Greene invested 10 lawyers as Queen's Counsel -- including Mr. Kennedy.

Mr. Kennedy said he talked to the Chief Justice and told him his earlier criticisms were not of the court as a whole, but that he was merely pointing out that there are several players behind wrongful convictions, including the individual judges. He then wrote a letter to the Chief Justice saying he has "respect for the court" even though it is "subject to fallibility in specific cases." Chief Justice Greene wrote to the law society that he was satisfied that "Mr. Kennedy recognizes the importance of the court as an institution and has not intended to attack it as such."

When the law society's disciplinary panel reconvened on Friday, it dismissed the complaint. If the complaint had been upheld, Mr. Kennedy could have faced a fine, suspension, or even disbarment. Mr. Kennedy said his comments were initially made in anger, but he is gratified they generated "a healthy debate" about the role of judges. He said in 2003 that he was frustrated that a public inquiry into three wrongful-murder convictions in Newfoundland, conducted by former federal chief justice Antonio Lamer, was not going to look into the role of judges in the cases.

His controversial speech was made at a convention of wildlife enforcement officers. He said he was trying to impress upon them that they, too, needed to investigate properly and have reasonable grounds for laying charges.

James Lockyer, a Toronto lawyer who specializes in fighting wrongful-conviction cases, said yesterday that Mr. Kennedy's contention that trial judges can cause wrongful convictions is an "obvious fact" that shouldn't be taken as an insult. "Trial judges, like everybody else, make mistakes," he said. "Every player in the system, from witness to defence to Crown to police to judge, can all separately and independently be a cause of a wrongful conviction." Mr. Lockyer was set to be a witness for Mr. Kennedy at his hearing, but his appearance was cancelled.

Mr. Kennedy noted that one of the issues his comments raised -- the politics behind judicial appointments -- has become a hot topic nationally. A subcommittee of the House of Commons justice committee held hearings into the issue over the past few months, and heard much stronger condemnation of the appointments process than that voiced by Mr. Kennedy.

Report here



(And don't forget your ration of Wicked Thoughts for today)