Could this happen in Manitoba?

Good Day Readers:

The following article comes from Truth To Power (www.accesstoinfo.blogspot.com) anonymously hosted by a Canadian attorney. We particularly like this site because of its unique insight into the law and accompanying images which are always so apropos - a train wreck waiting to happen!

The posting begs the question, could this happen in Manitoba? What's the process for selecting Judges and Justices? Are existing checks and balances sufficient? In the coming weeks we'll research the topic by contacting our Attorney General - Justice Minister The Honourable Dave Chomiak, as well as, Court of Queen's Bench Chief Justice The Honourable Mark M. Monnin asking for comment and report back.

Sue Hickey is a columnist for the Grand Falls-Windsor, Newfoundland based community newspaper Advertiser (http://gfwadvertiser.ca). She can be reached at shickey@advertisernl.ca. The impressive array of 16 writers also includes Authur Black who sure resembles the host of Basic Black a CBC national television program that aired for 19 years.

Sincerely,
Clare L. Pieuk
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27 January 2009

Newfoundland and Labrador Lawyer Donald Singleton (aka Don Singleton) and the Judicial Council of the Provincial Court of Newfoundland and Labrador

Appointee Resigns After Impaired Driving Conviction Revealed
Almost A Judge
by Sue Hickey
As originally posted: Advertiser January 15, 2009

A lawyer who was just one of many in the province's legal system became an unwanted public figure last week - and his situation has forced Justice Minister Tom Marshall to introduce a new review process for people applying to be judges.

Don Singleton, a lawyer based in Goose Bay, had been appointed as a judge for provincial court in Grand Falls-Windsor.

However, he had been charged in 2005 for illegally purchasing alcohol and tobacco at a military base in Goose Bay. He later received an absolute discharge.

But it later became known that he was convicted more than 20 years ago for impaired driving.

The resulting public attention prompted Mr. Singleton to withdraw his application.While Mr. Singleton didn't want to comment on the situation that opened him to public scrutiny, he maintained that he wasn't coming to central in the first place.

"I was never coming to Grand Falls," he said. "That only lasted for four or five days. The appointment to Grand Falls was only effective for four or five days.

"They were going to leave me here in Goose Bay. I was never going to Grand Falls. I was never coming to Grand Falls at all. The appointment was for Grand Falls and then within less than a week, I was advised that there was going to be a vacancy in Goose Bay."

Then I was told by the chief justice that it was going to be here in Goose Bay."

Kelvin Parsons is the Opposition justice critic.

He says the severity of the charge is what justifies people's response to Mr. Singleton's earlier appointment."

What happened, the severity of it and so on. I don't think there's too many people who would suggest if you had a traffic ticket, for example, that you not be a judge," he said. "It depends on when it happens. Something might have happened in your youth, a minor thing, lots of time may have passed. The problem that we have here is that the gentleman failed to disclose."

He disclosed the 2005 piece where he got into trouble over a federal customs act when he failed to declare he had alcohol and tobacco. He disclosed that, but the application asks you a very long question - actually, there's three questions: have you been convicted with or charged with an offence under the Criminal Code or any other statute, and you're supposed to answer that truthfully.

"Mr. Singleton didn't disclose the earlier charge, saying he forgot."

I would think, I know if I were pulled over by the police, arrested three times and told to take the breathalyzer on three different occasions, charged twice, one of which was dismissed at trial, another one I got a conviction, lost my licence for six months, and I'm sitting down and filling out an application for a provincial court judge's job, and the question was if I had any trouble with the law, I would think unless I had amnesia, I would remember that," said Mr. Parsons. "Maybe that's just me.

"He added there was a case of a provincial court judge, who while he was on the bench, got charged with impaired driving and he left."

My point is, if you have 30-40 applicants all of whom had the academic qualifications, have the time served because you must have the time served and you don't have any such baggage? Why would you pick up someone who had the baggage?

"I think it shows that the committee itself didn't do a proper job.

"Review called Justice Minister Tom Marshall has called for the review in question, spurred by the case involving Mr. Singleton."

We had a call from the chief justice saying that there was another conviction of Mr. Singleton, impaired driving, 20 years ago," he said. "That hadn't been disclosed to the judicial council, and I said 'why?' So we have to make sure that never happens again, and I asked him (the chief judge) to tighten up his regulations. They were not doing an independent court check of the applicants. I've asked him to tighten up his rules and procedures. I've asked him to show it to me to review it.

"But Mr. Parsons said he thinks it ought to go a bit further than that."

In my view, once the council has reviewed the applicants, if they recommend people, I believe that the list should be made public," he said.

"We talk about openness and transparency and we're appointing people to one of the most influential positions in our society where utmost fairness and integrity is required and it's all being done right now under cover of darkness with this committee and we saw what could potentially happen if it's not done right.

"But the minister doesn't agree with that thinking.

"The problem with that is that some people applying for a job on the bench may not want their names public," said Minister Marshall. "They may not want people to know they've applied and it would be the releasing of personal information, and government is precluded from doing that according to the privacy laws.

"In the long run, Grand Falls-Windsor provincial court won't need a new judge.

A judge in St. John's had indicated that he was going to retire, said Minister Marshall.

"That would leave an opening in St. John's. The chief judge informed me that he was going to transfer a judge from Labrador to St. John's and that would leave an opening in Labrador. He was going to put Mr. Singleton in Labrador and ask the minister to get a different judge for Grand Falls.Judge Timothy Chalker was scheduled to be transferred to Gander to replace a judge there who was named to the federal court, however that move is no longer planned.