Court of King’s Bench Justice Terry Clackson was presiding over a trial involving the death of a child. Trials don’t get more serious than that..While hearing testimony from a medical examiner with a heavy accent who happens to be Nigerian-born, the Alberta justice expressed frustration about not being able to understand what was being said..That led to complaints, an investigation and continuing calls for him to be turfed from the bench..Sensitive feelings and his perceived racist bias took precedence over what Clackson viewed as a vitally important courtroom function not being adequately carried out..To render a fair decision in a trial, it is incumbent on a judge to comprehend and weigh all evidence, written and oral. That is a cornerstone of Canada’s judicial system. To deliver a just verdict, a judge must understand every word spoken. If a judge doesn’t do that, it’s negligence that can deprive someone of a fair trial every Canadian is entitled to..In 2019 Clackson was presiding over the trial of David and Collet Stephan, charged with failing to provide the necessaries of life in the 2012 death of their 18-month-old son Ezekiel. They were accused of not seeking medical attention soon enough, and instead treating Ezekiel with natural remedies..A jury convicted them in 2016. The Supreme Court overturned that verdict. A second trail was ordered and Clackson, found them not guilty..Admittedly, Clackson didn’t sugarcoat his frustration over his inability to grasp what medical examiner Dr. Bamidele Adeagbo said. The justice described his testimony as “incomprehensible” and “garbled.”.“His ability to articulate his thoughts in an understandable fashion was severely compromised by: his garbled enunciation; his failure to use appropriate endings for plurals and past tenses; his failure to use the appropriate definite and indefinite articles; his repeated emphasis of the wrong syllables; dropping his Hs; mispronouncing his vowels; and the speed of his responses,” wrote Clackson in his decision..He criticized Adeagbo's “body language and physical antics” and said they were “not the behaviours usually associated with a rational, impartial professional imparting opinion evidence.” It is unclear what specifically concerned him about Adeagbo’s body language..No, Clackson didn’t say anything about Adeagbo being Nigerian-born. It doesn’t appear that anyone provided indisputable proof that this even mattered to him. Would he have levelled the same criticism at an expert witness in his courtroom speaking with a heavy Ukrainian or Newfie accent that he couldn’t decipher? There’s no reason to think he wouldn’t. But why give him the benefit of the doubt? Just call him a racist and demand an end to his career!.The pitchforks came out. Clackson was accused of picking on a “marginalized” member of society, one whose skin colour, by the way, didn’t hinder him from landing an esteemed job as a medical examiner or exclude him from offering his expertise in court. If this is an example of the systematic racism said to permeate Canadian society, it is a poor one..Interesting too, that the only ones fixated on Adeagbo being Nigerian-born were the people who lined up to go after Clackson..Several complaints were made. A letter signed by 42 doctors, lawyers, and professors lamented Clackson’s treatment of Adeagbo. The case made its way for.review to the Canadian Judicial Council, under the direction of Christopher Hinkson, chairman of the Judicial Conduct Committee and chief justice of the Supreme Court of British Columbia..“Allegations included that Justice Clackson acted in a manner that was discriminatory, and in a way that could be perceived as racist in his treatment of Dr. Adeagbo, a Nigerian-born medical doctor. It was alleged that Justice Clackson undermined the administration of justice through his use of words and apparent disregard for Dr. Adeagbo’s demeanour,” reads the decision..The Canadian Judicial Council announced Wednesday the investigation was closed and that no further action would be taken against Clackson..Further action? Well, Clackson has had to read up on cultural sensitivity, take cultural competency courses from judicial educators, and agree to be mentored on a regular basis..He offered “sincere apology” to Adeagbo and “accepts that he was insensitive to the fact that his comments could be seen as derogatory…” Clackson assured that he “will strive to do better,” reads the decision..“In his response, Justice Clackson notes that while the language he used in his reason for decision was his attempt to summarize the concerns and issues raised by the defence lawyers, he accepts these led to the perception that he was insensitive to the difficulties Dr. Adeagbo faced in communicating responses to questions put to him during the trial.”.So, it all came down to the Adeagbo’s difficulties in communicating being sympathized with, not the court being unable to understand him..His accent wouldn’t be an issue — outside of a courtroom setting. So, why does this have to be twisted into racism? What happens when Adeagbo testifies before the next judge who also might not be able to understand him?.Clackson getting his knuckles rapped didn’t address this issue..The Canadian Press reported that University of Calgary bioethicist Juliet Guichon, who helped write the letter to the Canadian Judicial Council, was “surprised and disappointed” that harsher action won’t be levelled against Clackson..Guichon reasoned that Clackson giving the impression that he had an “unconscious, implicit or subconscious bias” against a marginalized member of society was enough to question “why he remains in office.”.So, that’s where we’re at now? Someone decides someone else gave the impression of bias, is afflicted with subconscious bias — whatever that is — and that’s enough to cancel them, to call for their careers to end?.Explain how this upholds justice?
