Courtroom conduct ‘profoundly’ disrespectful

Records show justice of the peace ‘totally failed’ in several cases

Speaking from up high on the bench, Justice of the Peace Robert Whittaker told a Somali man that he did not appear to be “integrating . . . into the Canadian lifestyle,” questioned whether a woman with colitis should be allowed to drive a car and made comments about mental illness that one lawyer told him were “profoundly” disrespectful.

This was all in the span of about six months.

Court transcripts obtained by the Star offer a glimpse into the courtroom of the former Toronto justice of the peace, whose comments led the Justices of the Peace Review Council to order a March 25 disciplinary hearing.

All details in this story come from the court transcripts.

Ten days before the probe started, Whittaker retired, meaning the hearing was scrapped and the comments obtained from the transcripts were never tested in a public forum.

Whittaker, who was appointed in 1998 and earned $122,000 a year, and his lawyer, Brian Irvine, did not return the Star’s requests for comment.

Public hearings need to be held for the sake of accountability, said Toronto criminal defence lawyer Daniel Brown.

“Transparency and accountability are pillars of our justice system,” he said. “In order to protect these values, the review council should still hold a hearing even if the justice of the peace has removed himself from the bench.”

“The review council should still hold a hearing even if the justice of the peace (Robert Whittaker) has removed himself from the bench.” DANIEL BROWN DEFENCE LAWYER

One of the complaints stems from a proceeding at the 2201 Finch Ave. W. courthouse on Oct. 30, 2013. According to a transcript, Whittaker had to decide whether to grant bail to a man who had been accused of assaulting his wife and uttering death threats, or keep him detained.

The man, who identified as Somali, testified with the help of an interpreter that he was a refugee from Ethiopia on social assistance with no criminal record.

He said he would abide by bail conditions including living at a specific address and taking anger management classes.

The Crown expressed concern that he had no ties to the community other than to his wife, who he was ordered not to contact, and had no surety.

“You have shown this court today that you are not integrating yourself into the Canadian lifestyle or the Canadian ways,” Whittaker said, according to the transcript.

“You seem to be immersing yourself in the Somali community which may or may not have the same standards of Canadians, the lifestyle or Criminal Code or laws of this country, have. Unfortunately, sir, you’re in the country of Canada. You have to live by our laws.”

Whittaker ordered the man’s detention, saying he had “no assurance” that he would return to court and said he didn’t know “of any anger management courses that are given solely in Somali unless someone can help me.”

Lwam Ghebrehariat, who was acting as duty counsel that day, told the Star he was taken aback.

“Judges are held to a high standard. They’re supposed to treat everybody equally regardless of their identity, and also make sure there’s not even an appearance of bias,” he said. “I think His Worship totally failed in this case.”

In another instance at 2201 Finch Ave. W. in January 2014, Whittaker asked if it was known if the 24-yearold defendant had “mental health” before he was arrested.

The prosecutor said the accused, arrested after a dispute with police, had apparently been diagnosed with depression, OCD and anxiety, and the Crown was requesting that he seek counselling.

“I’m asking why does it take someone from appearing in the (accused) box until suddenly (a) they’re going to get help for alcoholism, and (b) they’re going to get help for mental health, (c) they’re not going to go hit their wife anymore. Like, I don’t understand it,” Whittaker said, according to the transcript. When the Crown prosecutor couldn’t offer an answer, Whittaker continued: “It makes no sense to me because I know my own personal family. I know exactly what my children are doing. I know what the state of their mental health is. I know if they have a drinking problem. Like, am I that odd out of the rest of the population of the city of Toronto? I don’t think so.”

Duty counsel David Beal told Whittaker “you are profoundly disrespecting the individuals present in the body of the court and I don’t think it’s warranted in the circumstances,” reads the transcript.

Beal told the Star he stands by what he said in court.

Over at the provincial offences courthouse at 2700 Eglinton Ave. W., Whittaker made a number of comments to defendants while dealing with traffic tickets that led to review council complaints.

Whittaker told a woman who suffers from ulcerated colitis: “I question whether you should be even driving a car,” according to a transcript.

She pleaded guilty to parking on the sidewalk so she could run into her home to go to the bathroom. She told him her experience in court was “very humiliating.” He let her off without a fine.

“You have shown this court today that you are not integrating yourself in the Canadian lifestyle.” ROBERT WHITTAKER JUSTICE OF THE PEACE