A Calgary judge who mocked a woman, told her to make something of herself and made disparaging remarks about millennials won’t lose his job, says Canada’s judicial review board.
In a recent decision, the Canadian Judicial Council said Court of King’s Bench Justice Earl Wilson admitted his tone during a 2024 hearing about a restraining order was hurtful and that he is sorry.
Wilson told a review panel that he allowed his frustrations with the application and the underlying behaviour of the man and the woman to influence how he addressed them.
The board said Wilson shouldn’t be removed from the bench but must behave in a way that “preserves the honour and dignity” of proceedings and the administration of justice.
“The words, vocabulary and tone of voice used in a hearing may have a detrimental impact on both the litigants and the confidence of the public in the administration of justice,” the board said.
The ruling stems from a complaint, which said Wilson did not allow the woman to give evidence, prevented her from presenting her side of the story and silenced her. Wilson berated and bullied the woman during a hearing for a restraining order, it said.
“Yada, yada I heard it all before,” Wilson said, according to the complaint. “You are 34, go get creative with your life: go to work, study, have a hobby.”
The complaint also said the judge made remarks that made the woman look like a stalker, joked and laughed with her ex-boyfriend and “blasted personal attacks” at her.
Wilson, in submissions to the board, said the woman appeared in court after her ex-boyfriend applied for a restraining order to stop her from making disparaging social media posts about him.
The judge admitted to the panel that he made negative comments about millennials, telling the pair: “I can’t get over your generation,” “you must have more time on your hands than the rest of us do,” and “make something of yourself.”
He told the panel that he allowed his frustrations about the application to get the best of him and aimed them at the woman. He also said he understood why the woman felt berated and humiliated.
“He acknowledged that he was abrupt and direct in his approach with the complainant,” the council said. “His tone was hurtful; for that, he sincerely apologizes.”
Alberta Chief Justice Kent Davidson said Wilson’s conduct fell below standards and was unnecessarily harsh, brusque and disrespectful.
Davidson said the judge was short-tempered that day and understands his mistake.
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