Bruce McDonald (judge)
Encyclopedia
Bruce P. McDonald 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.
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. By the 1990s, he was one of the last small-town resident judges in the province.
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.
In April 1993, McDonald ruled that a 73-year old man who pled 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said that his approach was "40 years out of date" and that he stood out "like a sore thumb" in Manitoba's judicial system. 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. McCrae also announced that he would overhaul the Judicial Council and introduce provincial legislation to ensure the better screening of judicial applicants. In June 1993, the appeals court overturned and denounced McDonald's ruling, and issued a six month jail term against the defendant.
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.
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." These remarks were widely condemned, with Assembly of Manitoba Chiefs
leader Phil Fontaine
saying that he was outraged by McDonald's behaviour.
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. 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. 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. 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. 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.
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. Several complaints about McDonald were later submitted between 1988 and 1993.
, who succeeded McCrae as Justice Minister, subsequently rejected requests for an independent inquiry. In 1994, she announced a policy change allowing judicial inquiries to continue after a judge's retirement, if it is in the public interest.
Ruth Teichrob won a Manitoba Human Rights Award in late 1993 for her coverage of the McDonald controversy.
McDonald died on May 10, 2005, at age 86.
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. 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 PrairiePortage la Prairie, Manitoba
-Transportation:Portage la Prairie railway station is served by Via Rail with both The Canadian and Winnipeg – Churchill trains calling at the station....
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. By the 1990s, he was one of the last small-town resident judges in the province.
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?". A few months later, the Winnipeg Free PressWinnipeg Free Press
The Winnipeg Free Press is a daily broadsheet newspaper in Winnipeg, Manitoba. Founded in 1872, as the Manitoba Free Press, it is the oldest newspaper in western Canada. It is the newspaper with the largest readership in the province....
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
Zero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
rules against domestic violence.
In April 1993, McDonald ruled that a 73-year old man who pled guilty to sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
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
University of Manitoba
The University of Manitoba , in Winnipeg, Manitoba, Canada, is the largest university in the province of Manitoba. It is Manitoba's most comprehensive and only research-intensive post-secondary educational institution. It was founded in 1877, making it Western Canada’s first university. It placed...
said that his approach was "40 years out of date" and that he stood out "like a sore thumb" in Manitoba's judicial system. 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. McCrae also announced that he would overhaul the Judicial Council and introduce provincial legislation to ensure the better screening of judicial applicants. In June 1993, the appeals court overturned and denounced McDonald's ruling, and issued a six month jail term against the defendant.
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
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
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.
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." These remarks were widely condemned, with Assembly of Manitoba Chiefs
Assembly of Manitoba Chiefs
The Assembly of Manitoba Chiefs is an organization of First Nations leaders in Manitoba, Canada. Its current Grand Chief is Ron Evans of the Norway House Cree Nation.-External links:*...
leader Phil Fontaine
Phil Fontaine
Larry Phillip Fontaine, OM is an Aboriginal Canadian leader. He completed his third and final term as National Chief of the Assembly of First Nations in 2009....
saying that he was outraged by McDonald's behaviour.
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. In 1978, Crown Attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
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. 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. 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. Gyles later said that he did not investigate other complaints against McDonald during this period because they were not made in writing. Gord Mackintosh
Gord Mackintosh
Gordon Henry Alexander "Gord" Mackintosh is a politician in Manitoba, Canada. He is currently a cabinet minister in the New Democratic Party government of Greg Selinger....
, opposition critic for the New Democratic Party
New Democratic Party of Manitoba
The New Democratic Party of Manitoba is a social-democratic political party in Manitoba, Canada. It is the provincial wing of the federal New Democratic Party, and is a successor to the Manitoba Co-operative Commonwealth Federation...
, said that this explanation was not acceptable.
In 1987, the Manitoba Advisory Council on the Status of Women filed a complaint to Attorney-General Roland Penner
Roland Penner
Roland Penner was Dean of Law at the University of Manitoba and a is a former politician and Manitoba Cabinet minister.Penner was born in Winnipeg, Manitoba, the son of Winnipeg alderman Jacob 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. Several complaints about McDonald were later submitted between 1988 and 1993.
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. Rosemary VodreyRosemary Vodrey
Rosemary Vodrey is a former politician in Manitoba, Canada. She was a Progressive Conservative member of the Legislative Assembly of Manitoba from 1990 to 1999, and was a senior cabinet minister of the government of Gary Filmon.-Early life and career:...
, who succeeded McCrae as Justice Minister, subsequently rejected requests for an independent inquiry. In 1994, she announced a policy change allowing judicial inquiries to continue after a judge's retirement, if it is in the public interest.
Ruth Teichrob won a Manitoba Human Rights Award in late 1993 for her coverage of the McDonald controversy.
McDonald died on May 10, 2005, at age 86.