‘Some may perceive racism:’ Experts complain about Alberta judge’s comments

“In reading Justice Clackson’s reasons, he makes a number of ad hominem attacks on Dr. Adeagbo which lack a judicial mien, and in which some may perceive racism,” the letter says.

“In particular, Justice Clackson harshly mocked Dr. Adeagbo’s manner of speech and accented English, and thereby inappropriately implicated his national or ethnic origin as a person of African roots.”

In his written decision in the trial, Clackson took issue with Adeagbo’s inability to communicate with the court.

“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,” Clackson wrote.

The judge, without explanation, also called out Adeagbo for “body language and physical antics … not the behaviours usually associated with a rational, impartial professional imparting opinion evidence.”

Adeagbo testified during the trial that Ezekiel died of bacterial meningitis. But Clackson sided with a forensic pathologist called by the defence, Dr. Anny Sauveageau, who said the boy’s death was caused by a lack of oxygen.

The letter points out that Sauveageau is Quebecois.

“It is difficult to avoid the inference that Justice Clackson in his written reasons treated a witness with a French Canadian accent more favourable than a witness with an African accent,” the letter says. “Every person appearing before a court of law deserves to be treated with respect.”

Darryl Ruether, executive legal counsel for Alberta’s Court of Queen’s Bench, said in an email, the court is aware of the complaint against Clackson.

“Because this matter is the subject of a complaint (before the Judicial Council), and because it may be subject to appeal to the Alberta Court of Appeal, it would be inappropriate for the court to comment on this matter.”

University of Calgary bioethicist Juliet Guichon was one of the experts who helped write the letter. She said Clackson’s words were shocking.

“I’ve never seen a judgment like this, because a medical professional whose duty it is to do the job he’s testifying about, ordinarily is given the benefit of the doubt with respect to demeanour and style of communication,” she told The Canadian Press.

Guichon said she hopes that Clackson can provide an explanation.

“It’s not for me to say what his intent was, but these paragraphs are inconsistent with a judicial demeanour that treats all that come before him equally.”

An Alberta Justice department spokesman said he can’t comment on the complaint. “That said, we of course believe that all Albertans deserve to be treated with dignity,” said Dan Laville.

He added that no decision has been made on whether the Crown will appeal Clackson’s verdict.

The Canadian Judicial Council’s Norman Sabourin also e-mailed a brief statement regarding the complaint received.

“Over 80 per cent of all complaints are reviewed withing three months. In this matter, the review of the complaint may take additional time, since the Crown Prosecution Service has indicated it is considering an appeal of the court’s decision.”

The trial was the second for the Stephans. A jury convicted the couple in 2016 but the Supreme Court of Canada ordered a new trial.

Adeagbo also testified during the first trial.

by Bill Graveland with files from LNN

‘Some may perceive racism:’ Experts complain about Alberta judge’s comments

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