Second complaint lodged against Alberta judge
Group of Nigerian professionals calls comments ‘unethical,’ ‘socially immoral’
The Canadian Association of Nigerian Physicians and Dentists is calling an Alberta judge’s comments in a recent ruling that acquitted two parents in the death of their toddler “prejudiced, racist, xenophobic and anti-immigrant.”
“In a multicultural society such as Canada, these comments are disturbing, divisive and unacceptable. Professionally, these comments are unethical and socially immoral. A position of influence such as that of a Judge should be occupied by individuals who understand and truly apply the universal principles of natural justice, equity and fairness,” said the letter, signed by the association’s president Adeyemi Laosebikan and addressed to the body that oversees federally appointed judges.
On Sept. 19, in a Lethbridge courtroom, Justice Terry Clackson of the Alberta Court of Queen’s Bench acquitted David and Collet Stephan in the death of their son, Ezekiel, who died after his parents attempted to treat him with naturopathic medicine.
The two had faced a charge of failing to provide the necessaries of life after the 19-month-old boy’s death in 2012.
The Crown argued that the Stephans failed to provide Ezekiel with appropriate medical attention.
A former medical examiner in Calgary, Dr. Bamidele Adeagbo testified as the Crown’s expert witness that his autopsy showed Ezekiel Stephan had died from bacterial meningitis.
The defence witness was Dr. Anny Sauvageau, who argued Ezekiel had meningitis, but that it was viral, and that it was not the cause of death.
In his verdict, Clackson accepted Sauvageau’s testimony that it was lack of oxygen in the ambulance, not meningitis, that killed Ezekiel, and there was no way to convict the parents.
In his ruling, Clackson noted that the defence had questioned Adeagbo’s reliability, and wrote that the witness’s ability to articulate his thoughts was compromised by grammatical confusion, mispronunciation and the speed of his responses.
The association wrote that Adeagbo was unnecessarily smeared in the judgment for his accent.
“Justice Terry Clackson’s condescending comments and disposition to Dr. Bamidele Adeagbo on the basis of his accent and grammar fall short of honourable conduct and diminishes administration of justice,” the association’s letter said.
The association represents 2,000 physicians and dentists of Nigerian descent in Canada, and its complaint comes after a group of 42 professors of medicine and law from across Canada filed a similar complaint last week. A six-page letter from the group said that the language used in Justice Clackson’s recent ruling could be perceived as racist.
Because this matter is the subject of a complaint before the Canadian Judicial Council, and because it may be subject to appeal to the Alberta Court of Appeal, it would be inappropriate for the Court to comment on it, Darryl Ruether, executive legal counsel for the Court of Queen’s Bench of Alberta said in a written response to the two complaints Monday.
In its letter, the association requested that Justice Clackson render a formal and public apology to Adeagbo. It also called on the Judicial Council, Canadian Bar Association and Canadian Medical Association to publicly lend its voice to this matter.