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| Norman Douglas |
If you are charged with a crime, this is the court you start in. And 85 per cent of you end in. The vast majority of criminal cases in Canada are heard by a judge alone without a jury.
We are about to welcome 25 rookies.
One of the best practices of our system of criminal justice is the “mentoring” program. After a brief orientation program, a newly appointed judge will “shadow” an experienced judge for several weeks.
People who arrive in court on those days do a double take to see two judges on the bench.
Then, they will be assigned a more senior judge to call on for advice and guidance any time thereafter as they strike out on their own.
This honour and heavy responsibility they undertake can last until the end of their lives, or until they reach 75.
If they reach that milestone, they join a new team — those of us in the pasture, referred to as the “retirees.” There are 66 of us on a group chat line.
We like to think we still have something to offer — like practical advice, based on decades of good and bad lessons we have learned.
In this three-part series, I present a few suggestions we might offer to the new 25.
Firstly, take your job seriously, but please do not take yourself too seriously.
Yes, people will call you “Your Honour,” lawyers will bow to you, folks will stand up when you walk into court, staff will laugh at your jokes — but it ain’t you, babe.
Please never refer to your workshop as “my court.” It isn’t. It’s His Majesty’s — and that ain’t you either.
You must judge — but you must not be judgmental (I think that is the meaning of Matthew 7:1). Judge deeds, not people.
If you want folks to like you — if you want to be popular — get another job. Your public duty trumps your personal desire to be admired by the lawyers, the press or the public. You are not a politician needing votes.
You will be criticized daily, perhaps occasionally hated. One side always loses in the courtroom and even the “winners” rarely leave happy.
Should you be a “tough” judge or a “kind, compassionate” judge? The answer, of course, is neither. Be the latter whenever you can and the former whenever you must.
Control the human emotions and keep them in your chambers. Once you don your gown, anger, sarcasm, impatience or humour (although sometimes permissible — but never at anyone else’s expense — can be useful to control the lawyers. More on that later) have no place in His Majesty’s courtroom.
Your gavel is ornamental. It should never be used for banging.
The staff that puts you first, day after day, is your new family. Treat them like the gold they are. Learn about how you can make their job easier and get to know them personally. Get your own coffee — do the dishes in the lunchroom. And always leave your door open when talking to any of them in your chambers.
The clerks, the reporters, the trial coordinators, the court constables, the secretaries — these are the people you will miss the most when you retire.
First, let’s address how to cut the head off the anaconda that squeezes the life out of the justice system: delay
In 2016, the Supreme Court of Canada put a past-due date on all criminal cases. And the clock starts ticking — 18 months in the Ontario Court of Justice from the time an accused is charged (R v. Jordan, [2016] 1 S.C.R. 631).
This is the first part of a three-part series.
Norman Douglas is a retired criminal court judge with 27.5 years of experience on the bench. His book, You Be the Judge, was published in December.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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