Should judges write more books?
Good Day Readers:
While reading the Calgary Herald article about Judge Reilly the thought occurred to the best of our knowledge no past or present Manitoba judge/justice has written a book perhaps it's time. While a sitting member of the judiciary might find it more difficult it can and has been done. Evidence the example of Ontario Court Justice Harvey Brownstone who became increasingly frustrated listening everyday to lawyers and clients in his courtroom arguing cases so decided to do something about it - Tug of War: A Judge's Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court.
Have we got a couple topics for judges both past and present who aspire to be authors:
(1) Does the Manitoba Law Society adquately protect the public?
(2) in the age of the internet does Manitoba's Defamation Act protect against SLAPPs? (Strategic Lawsuits Against Public Participation)
Sincerely/Clare L. Pieuk
_____________________________________________
Stoney Nakoda natives file complaint against Judge John Reilly
Lawyer calls for book to be blocked
By Jamie Komarnicki And Sherri Zickefoose, Calgary Herald
Lawyer calls for book to be blocked
By Jamie Komarnicki And Sherri Zickefoose, Calgary Herald
November 16, 2010
Former provincial court judge John Reilly was nearly removed from his post after ordering an investigation into social conditions on the Stoney Ridge reserve in 1997. (Photograph by Craig Douce for the Calgary Herald)
The Stoney Nakoda Nation has lodged a complaint against an outspoken Alberta judge, claiming he has used his position on the bench to "interfere" with band issues.
The southern Alberta First Nation, whose leadership is already locked in a dispute with some members over a two-year delay in its Bearspaw band election, filed the complaint against Judge John Reilly with Alberta's Judicial Council.
In the complaint documents, Stoney lawyer Douglas Rae says Reilly's new book, Bad Medicine, makes claims about the First Nation's governance issues at a time when an election is scheduled for another one of its three bands -- the Wesley band -- next month.
Comments Reilly made to the media in recent weeks, meanwhile, "bring Stoney Nakoda leadership and processes into disrepute," the complaint states.
"Judge Reilly, without cause or jurisdiction, has used his position to interfere with this democratic process," it adds.
The band called on the judicial council to block the publication of Reilly's book, which is widely available.
"I don't think the judicial council has any jurisdiction over me in this regard," said Reilly.
"The fact that I'm retired, in my view, allows me a little more latitude to what I can say. It allowed me to write that book."
The legal battle comes at a time when the chief and council of the Bearspaw band is mired in a conflict with its people. The election date was recently pushed from next month to December 2012 based on survey results collected from band members. Two weeks ago, a group of Bearspaw members who question the legitimacy of the survey set up a blockade and picketed outside the Stoney Nakoda tribal office.
In an interview, Rae said the Stoney Nakoda Nation takes issue with the fact Reilly is a sitting judge while speaking out on governance issues. Reilly, who retired in 2008, serves as a provincial court supernumerary judge, which means he fills in on occasion.
"We've alleged it's improper for a sitting judge to intervene in these elections when he does not have any cases before him, he's not seized of the matter, nor does the provincial court of Alberta have any jurisdiction in regards to this election," Rae said.
But Reilly says the judicial council may not take issue with his comments.
"I speak from the experience of 35 years on the bench and 20 of those dealing specifically with problems at the Stoney Nakoda reserve," Reilly said.
"If people want to listen to me because of my experience, I don't think he (Rae) can stop me from speaking simply because I'm a retired judge."
According to Rae, the issue is further complicated by the fact the Stoney Nation is involved in a number of complex government and industry dealings, such as sour gas pipelines, water conservation on the Bow River and the widening of Highway 1A. These discussions are "complicated" by Reilly's assertions, said Rae.
"There's nothing preventing the appropriate ministers in the government of Alberta from disowning Judge Reilly."
The six-member judicial council, which includes the chiefs of Alberta's three courts, will likely make a ruling on the matter within 90 days, said executive legal counsel Neil Skinner.
The process is not open to the public, he said.
The council can decide on a range of measures, such as taking no action, ordering a public apology, an official reprimand, or, in the most serious of cases, removal from office.
jkomarnicki@calgaryherald.comszickefoose@calgaryherald.com
The southern Alberta First Nation, whose leadership is already locked in a dispute with some members over a two-year delay in its Bearspaw band election, filed the complaint against Judge John Reilly with Alberta's Judicial Council.
In the complaint documents, Stoney lawyer Douglas Rae says Reilly's new book, Bad Medicine, makes claims about the First Nation's governance issues at a time when an election is scheduled for another one of its three bands -- the Wesley band -- next month.
Comments Reilly made to the media in recent weeks, meanwhile, "bring Stoney Nakoda leadership and processes into disrepute," the complaint states.
"Judge Reilly, without cause or jurisdiction, has used his position to interfere with this democratic process," it adds.
The band called on the judicial council to block the publication of Reilly's book, which is widely available.
"I don't think the judicial council has any jurisdiction over me in this regard," said Reilly.
"The fact that I'm retired, in my view, allows me a little more latitude to what I can say. It allowed me to write that book."
The legal battle comes at a time when the chief and council of the Bearspaw band is mired in a conflict with its people. The election date was recently pushed from next month to December 2012 based on survey results collected from band members. Two weeks ago, a group of Bearspaw members who question the legitimacy of the survey set up a blockade and picketed outside the Stoney Nakoda tribal office.
In an interview, Rae said the Stoney Nakoda Nation takes issue with the fact Reilly is a sitting judge while speaking out on governance issues. Reilly, who retired in 2008, serves as a provincial court supernumerary judge, which means he fills in on occasion.
"We've alleged it's improper for a sitting judge to intervene in these elections when he does not have any cases before him, he's not seized of the matter, nor does the provincial court of Alberta have any jurisdiction in regards to this election," Rae said.
But Reilly says the judicial council may not take issue with his comments.
"I speak from the experience of 35 years on the bench and 20 of those dealing specifically with problems at the Stoney Nakoda reserve," Reilly said.
"If people want to listen to me because of my experience, I don't think he (Rae) can stop me from speaking simply because I'm a retired judge."
According to Rae, the issue is further complicated by the fact the Stoney Nation is involved in a number of complex government and industry dealings, such as sour gas pipelines, water conservation on the Bow River and the widening of Highway 1A. These discussions are "complicated" by Reilly's assertions, said Rae.
"There's nothing preventing the appropriate ministers in the government of Alberta from disowning Judge Reilly."
The six-member judicial council, which includes the chiefs of Alberta's three courts, will likely make a ruling on the matter within 90 days, said executive legal counsel Neil Skinner.
The process is not open to the public, he said.
The council can decide on a range of measures, such as taking no action, ordering a public apology, an official reprimand, or, in the most serious of cases, removal from office.
jkomarnicki@calgaryherald.comszickefoose@calgaryherald.com
posted by Clare L. Pieuk at 9:38 AM
0 Comments:
Post a Comment
<< Home