Bruce McDonald (judge)

Bruce P. McDonald (died May 10, 2005) was a provincial court judge in Manitoba, Canada. He resigned in 1993, following controversy about racist and sexist statements he had made from the bench.

Early career

McDonald became a judge in Portage la Prairie in 1962. He was criticized in 1987 for issuing only a $500 fine in a drunk driving case that resulted in a man's death.[1] By the 1990s, he was one of the last small-town resident judges in the province.[2]

Controversy

Three of McDonald's rulings in 1992-93 attracted widespread attention and condemnation. In August 1992, he declined a request for assistance from a woman who worked in the same office as her ex-boyfriend, whom she accused of harassment. McDonald was quoted as saying, "Ever thought of quitting work?".[3] A few months later, the Winnipeg Free Press reported that McDonald declined a woman's request for a peace bond, and told her to "work something out" with the man she accused of assaulting her. The woman, a resident of the Sandy Bay Indian Reserve, said that she was humiliated by the experience, and that McDonald's comments made it seem as though she was at fault. Advocates for abused women said the incident made a mockery of Manitoba's zero tolerance rules against domestic violence.[4]

In April 1993, McDonald ruled that a 73-year-old man who pleaded guilty to sexual assault against four of his relatives was motivated by "curiosity", and sentenced him to two years' probation. In response, several critics argued that McDonald was insensitive to issues of abuse. Ann McGillvray of the University of Manitoba said that his approach was "40 years out of date" and that he stood out "like a sore thumb" in Manitoba's judicial system.[3] Provincial Justice Minister James McCrae announced a review into McDonald's sentence, and ordered the Manitoba Judicial Council to launch a broader review into McDonald's activities.[5] McCrae also announced that he would overhaul the Judicial Council and introduce provincial legislation to ensure the better screening of judicial applicants.[6] In June 1993, the appeals court overturned and denounced McDonald's ruling, and issued a six-month jail term against the defendant.[7]

Further investigative reporting by the Winnipeg Free Press revealed that McDonald was known in the legal community for granting discharges in sexual assault cases. He frequently berated Royal Canadian Mounted Police officers for minor technical errors, and kept personal records on accused persons who appeared before him. Several lawyers refused to criticize him on the record, fearing repercussions if they appeared again in his courtroom.[2]

McDonald was suspended on May 11, 1993, after chief provincial judge Kris Stefanson reviewed a transcript of remarks that he made in a December 1969 court hearing. During this case, McDonald said he was "distressed" that residents of the Long Plains Indian Band had refused to cooperate with the RCMP, and expressed "hope" that they would not receive RCMP help if they ever needed it. He then added, "[the] joyful result would be that the residents of the reserve would kill one another off". In the same transcript, McDonald said, "I am well aware of the fact that there is more violence on Indian reserves than anywhere else in the country. I am well aware of the fact that when an Indian [...] fights, (he) doesn't fight, he tries to massacre somebody. The amount of damage inflicted on various complainants is considerable, and if it weren't for the fact that most of them have the thickest skulls in the country, there would be many more possibilities of murder charges that would be incapable of being proved because all the witnesses hadn't seen anything."[8] These remarks were widely condemned, with Assembly of Manitoba Chiefs leader Phil Fontaine saying that he was outraged by McDonald's behaviour.[9]

As the scandal unfolded, it was reported that several complaints had been filed against McDonald in the previous decades. A transcript of McDonald's remarks was reportedly sent to chief provincial judge Harold Gyles after the 1969 case, although Gyles said that he never received the document.[10] In 1978, Crown Attorney Bob Maxwell submitted a complaint alleging that McDonald showed bias against aboriginal Canadians, made derogatory remarks made from the bench, and was generally rude and unprofessional in his behaviour.[11] Portions of this complaint were submitted to provincial Attorney-General Gerald Mercier and later forwarded to Gyles, who reprimanded McDonald in private and requested that he give up control of the docket to the Crown.[12] McDonald complied, and a senior official in the Attorney-General's department described the matter as resolved. During this period, Gyles also told Mercier that a public inquiry would cause adverse publicity.[13] Gyles later said that he did not investigate other complaints against McDonald during this period because they were not made in writing. Gord Mackintosh, opposition critic for the New Democratic Party, said that this explanation was not acceptable.[14]

In 1987, the Manitoba Advisory Council on the Status of Women filed a complaint to Attorney-General Roland Penner about McDonald's handling of sexual assault cases. Penner referred MACSW to the Manitoba Judicial Council. Gyles, who served on the council, investigated the matter and sent McDonald a letter of admonition.[15] Several complaints about McDonald were later submitted between 1988 and 1993.[16]

Aftermath

McDonald resigned in December 1993, just as the Judicial Council was about to begin an investigation into his activities. His resignation caused the immediate cancellation of the hearings.[17] Rosemary Vodrey, who succeeded McCrae as Justice Minister, subsequently rejected requests for an independent inquiry.[18] In 1994, she announced a policy change allowing judicial inquiries to continue after a judge's retirement, if it is in the public interest.[19]

Ruth Teichrob won a Manitoba Human Rights Award in late 1993 for her coverage of the McDonald controversy.[20]

McDonald died on May 10, 2005, at age 86.[21]

Footnotes
  1. "$500 FINE IN MAN'S DEATH GALLS SISTERS", Toronto Star, 7 July 1987, A9.
  2. Randy Turner, "Accused love 'big pussycat'", Winnipeg Free Press, 11 May 1993.
  3. Ruth Teichrob, "Judge downplays sex crime, cites offender's 'curiosity'", Winnipeg Free Press, 29 April 1993.
  4. Ruth Teichrob, "Judge refuses peace bond", Winnipeg Free Press, 26 March 1993; "NDP calls for removal of judge", Winnipeg Free Press, 27 March 1993. McDonald's decision was overturned in May 1993. See Ruth Teichrob, "Judge rules peace bond refusal wrong", Winnipeg Free Press, 26 May 1993.
  5. Ruth Teichrob, "McCrae vows to hold judge accountable for abuse stand", Winnipeg Free Press, 30 April 1993; Ruth Teichrob, "Judge faces review over complaints", Winnipeg Free Press, 11 May 1993.
  6. Ruth Teichrob, "Screening committee must approve judges", Winnipeg Free Press, 22 May 1993; Ruth Teichrob, "McCrae planning to overhaul judicial watchdog", Winnipeg Free Press, 29 June 1993.
  7. Kevin Rollason, "Appeal court denounces sentencing remarks", Winnipeg Free Press, 3 June 1993.
  8. Ruth Teichrob, "Controversial judge suspended while conduct reviewed", Winnipeg Free Press, 12 May 1993.
  9. Ruth Teichrob, "Judge pays price, but it took 23 years", Winnipeg Free Press, 22 May 1993; Ruth Teichrob, "Silence protected rough-hewn judge", Winnipeg Free Press, 13 June 1993.
  10. Ruth Teichrob, "Gyles, McDonald cross paths several times", Winnipeg Free Press, 23 December 1993.
  11. Ruth Teichrob, "Exasperated, critics gave up", Winnipeg Free Press, 27 June 1993. It was also alleged that McDonald once ruined a drug surveillance operation by talking about it in a coffee shop.
  12. Ruth Teichrob, "Objections began in '69", Winnipeg Free Press, 27 June 1993.
  13. Ruth Teichrob, "Memo says McDonald had mended ways", Winnipeg Free Press, 27 June 1993; Ruth Teichrob, "I want it to be over: Gyles", Winnipeg Free Press, 23 December 1993. Gyles later accused Maxwell of having ulterior motives in filing the complaint, a charge that Maxwell denied. See Ruth Teichrob, "I never got transcript: Gyles", Winnipeg Free Press, 23 December 1993.
  14. Ruth Teichrob, "Ex-chief judge sparks new calls for investigation", Winnipeg Free Press, 24 December 1993.
  15. Ruth Teichrob, "Panel notes women's 'sensitivity'", Winnipeg Free Press, 27 June 1993; Ruth Teichrob, "I want it to be over: Gyles", Winnipeg Free Press, 23 December 1993.
  16. Ruth Teichrob, "File on McDonald grows thick in five years", Winnipeg Free Press, 27 June 1993.
  17. Ruth Teichrob, "Defiant judge resigns McDonald cites stress on family", Winnipeg Free Press, 7 December 1993.
  18. Ruth Teichrob, "Case closed, Vodrey says", Winnipeg Free Press, 8 December 1993; Ruth Teichrob, "Silence in the court leaves public clamoring for answers", Winnipeg Free Press, 15 December 1993; Ruth Teichrob, "Natives seek public inquiry", Winnipeg Free Press, 15 December 1993.
  19. Kevin Rollason, "Outcry triggers changes to court law", Winnipeg Free Press, 11 June 1994; Kevin Rollason, "Judges won't escape inquiries, Vodrey says", Winnipeg Free Press, 29 December 1994.
  20. Bonnie Bridge, "FP reporter wins human-rights prize for series on the behavior of judge", Winnipeg Free Press, 12 November 1993.
  21. Kevin Rollason, "They left huge legacies Prominent Manitobans' lives will be remembered in new year", Winnipeg Free Press, 2 January 2006, B5.
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