Judge who cried won’t recuse herself

She wiped away tears during victim impact statement

KELOWNA, B.C. — A provincial court judge in British Columbia who wiped away a tear during a victim impact statement in a sexual interference case says she won’t recuse herself from sentencing because there’s no reliable evidence of bias.

Judge Monica McParland said in her decision Friday that just because a judge demonstrates human compassion, it doesn’t mean there’s judicial bias.

She noted that her emotional reaction was “perhaps” overstated and sensationalized, but she said the Supreme Court of Canada and the Canadian Judicial Council “both agree that judges are human, they are not expected to be robots.”

“There is therefore nothing wrong with the court showing emotion. Just because a judge demonstrates human compassion, it does not amount to judicial bias,” she said.

Affidavits presented by a defence lawyer who asked McParland to recuse herself depended on inappropriate opinion and speculation about what the judge must have been thinking and how she must have been feeling, she said.

McParland said those individuals wouldn’t have the criminal court experience to know that it’s part of the process for judges to ask questions, test submissions and determine court processes, such as scheduling.

Defence lawyer Jacqueline Halliburn had asked the judge to recuse herself from sentencing in Kelowna on Aug. 1, saying judges don’t cry in every sexual interference case and that she displayed bias when she scoffed at the suggestion of a 90-day intermittent jail term.

Halliburn argued the judge refused to accept facts as proven by the defence and reacted inappropriately to the recusal application by “smiling derisively” and insisting the application be made in writing.

Halliburn also questioned the judge’s overall tone, facial expression and demeanour throughout the court proceedings.

The case has been adjourned until Aug. 30 because the Crown said it wanted to present new evidence.