Alberta Judge’s Comments to Woman Found to Be ‘Harsh,’ ‘Disrespectful’: Judicial Review

Alberta Judge’s Comments to Woman Found to Be ‘Harsh,’ ‘Disrespectful’: Judicial Review
The Calgary Courts Centre is pictured in Calgary, Alta., Feb. 20, 2024. THE CANADIAN PRESS/Jeff McIntosh
Chandra Philip
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A Calgary judge will keep his job after a review of a complaint made by a woman who said she was mocked and humiliated during a hearing, according to the judicial council’s decision.

In its review of the accusation, the Canadian Judicial Council (CJC) determined that the complaint could not be dismissed, but did not meet the criteria for Court of King’s Bench Justice Earl Wilson to be removed from his position.

On June 27 and July 10, 2024, a complaint was filed by a woman accusing Wilson of mocking her, refusing to let her provide her side of the story, and silencing her during a hearing.

The accusations stemmed from a restraining order hearing, where the woman’s ex-boyfriend was applying to prevent her from making comments about him on social media.

The woman said Wilson “berated her, even mimicked her voice and speech“ and ”bullied and humiliated her” during the hearing, the CJC decision said. The document also noted the woman complained that Wilson made statements like, “yada yada I heard it all before,” and “You are 34, go get creative with your life: go to work, study, have a hobby.”

The decision said the woman claimed Wilson’s actions “made her look like a stalker,” and that he joked with her ex-boyfriend, and treated her unfairly.

CJC said it reviewed the complaint and determined that it could not be dismissed, but did not meet the criteria for Wilson to be removed from his position.

“Justice Wilson’s interventions went beyond what is usually considered the exercise of proper firmness and did not preserve the honour and dignity of both the individual proceedings and the administration of justice more generally,” said an April 1 CJC news release.

Alberta Chief Justice Kent Davidson said in the decision that Wilson’s conduct was below standards and was “unnecessarily harsh, brusque and disrespectful.” Davidson said Wilson was short-tempered that day, but that Wilson understands his mistake.

The review determined that Wilson, who has served in the role for 17 years, would be disciplined by “an action of a private nature.”

Through the review process, CJC noted that Wilson apologized several times.

The decision said Wilson indicated he was frustrated with the matter of the hearing, but “did not intend for the complainant to feel berated.” Wilson also said he improperly directed his frustrations about the case at the woman.

“He acknowledged that he was abrupt and direct in his approach with the complainant,” the review said. “His tone was hurtful; for that, he sincerely apologizes.”

Wilson also acknowledged he made disparaging comments about millennials during the hearing, including saying to both parties, “I can’t get over your generation” and “You must have more time on your hands than the rest of us do.”

Wilson also acknowledged he told the woman to “make something of yourself,” according to the CJC decision.

CJC said that court judges and justices were expected to maintain civility and respect, ensuring a balance between the right of both parties to be heard and efficiency.

“The reviewing member stated that Justice Wilson’s comments in court did not have the effect of maintaining such a proper balance,” said the decision.

The Canadian Press contributed to this article.