Canadian Judicial Council completes its review of complaints against Justice
Peter Leask
OTTAWA, Sept. 20 /CNW Telbec/ - The Canadian Judicial Council has
announced today the results of its review of complaints made against the
Honourable Peter Leask of the Supreme Court of British Columbia. Justice
Leask
was the subject of complaints as a result of his use of coarse language
during
proceedings in March 2007.
The complaints against Justice Leask were reviewed by the Honourable
Richard J. Scott, Chief Justice of Manitoba and Chairperson of the Judicial
Conduct Committee of Council. Chief Justice Scott sought and reviewed
comments
from Justice Leask in this matter. Justice Leask indicated that he is aware
that his use of language was improper, and pointed out that he immediately
made a formal public apology to convey his genuine regret about the
incident.
Upon a review of the entire matter, including the publicly available
record, Chief Justice Scott found that Justice Leask's use of language at
certain times during the trial of Regina v. Glen Hehn was indeed improper
and
tarnished the reputation of the Court and the judiciary. Chief Justice Scott
formally expressed his concern to Justice Leask with regard to the gravity
of
his actions. He advised Justice Leask that his language was offensive, that
it
brought discredit on the judiciary and showed disrespect toward the Court.
He
pointed out that judges have an obligation to foster, at all times, respect
for the public and the institution of the Court, and to ensure that decorum
is
maintained in the courtroom. Chief Justice Scott reminded Justice Leask that
all judges must lead by example in this regard.
However, in light of the judge's clear and unambiguous apology, his
recognition that his use of coarse language was improper, and his commitment
that such actions would not be repeated in future, Chief Justice Scott
concluded that the matter need not be considered further. The file is
therefore being closed and the complainants advised accordingly. A copy of
the
letter to the complainants is available on the Council's website at:
www.cjc-ccm.gc.ca/cmslib/general/Leask%20complainants%20letter%20FINAL%20En.pdThe
court shows its disrespect of the public it judges and who pay its salary by
having a link that doesn't open. You can find the actual letter on the web
site. I was one of the complainants and they couldn't even bother sending me
an email. I would be more upset but I recall the last time I had a FTA they
didn't put it in my record :-)Leask and those like him are the reason
respect for Judges in this country is apparently less than for the police
and MP's. Leask basically let a HA full patch off for no reason and then
swore four times at the Crown, he is a disgrace to the judiciary and all
those who are trying to get rid of HAMC and organized crime in this
country.Thanks to those who answered my appeal to contact the CJC. Thanks
also to the Province for being the only media outlet at the time to mention
that there were ppl in the court at the time who didn't accept the apology
or behaviour of the Judge. This case even got commented on in the Gulf Times
of Qatar of all things. Hopefully one day we will be able to change the
system.Hells Angel acquitted in trafficking case Judge says accused would be
'out of his f. . .in' mind' to store drugs in his locker Kim Bolan Vancouver
Sun Thursday, March 15, 2007 Glen Jonathan Hehn is a full-patch member of
the elite Nomad chapter of the Hells Angels. B.C. Supreme Court Justice
Peter Leask acquitted a member of the Hells Angels on a cocaine trafficking
charge Wednesday, a day after swearing at the Crown prosecutor during his
closing arguments. Leask found Glen Jonathan Hehn not guilty, saying he
found Hehn, a full-patch member of the elite Nomads chapter of the Angels,
"to be a good witness." "His answers were straightforward and clear," Leask
said in his oral decision. On Tuesday, as federal prosecutor Ernie Froess
made his closing submissions in the case, Leask used profanity four times,
according to a transcript obtained by The Vancouver Sun. When Froess argued
that the locker where a large volume of cocaine was located was rented by
Hehn, Leask said: "But to be really clear, he'd have had to have been out of
his f. . .in' mind to store it in his own locker, all right? I mean, that's
for sure he wouldn't do that. Let's not spend any time on that theory."
Chief Justice Donald Brenner said later Wednesday that he will review the
comments made by Leask, but could not say more without knowing the context.
"I will first of all try to find out what occurred," Brenner said. "I
haven't seen the transcript and I don't know the context and I am not in a
position to comment one way or the other, not having seen it, or heard it or
read it." Attorney-General Wally Oppal had reviewed the transcript and said
later that Leask "has had an excellent reputation." "Most judges would not
express themselves that way, but I am not going to second-guess Peter
Leask," Oppal said. Hehn was arrested in July 2003 when police stopped a
truck he was riding in with Ewan Lilford, a Coquitlam man associated with
the motorcycle club. Investigators from the Organized Crime Agency of B.C.
said that minutes earlier they saw the men loading boxes into the truck from
a storage unit, rented by Hehn, at 5555, 192nd St. in Cloverdale. One-kilo
cocaine bricks worth a total of $1.5 million were seized from the vehicle
and at the storage locker. Hehn testified during the six-day trial that he
rarely used the locker, but allowed friends, including Lilford, to have
access to it. He claimed that on the morning in question, Lilford had used
his own key to access the facility, even though police did not find a key on
Lilford when they searched his truck a short time later. Leask said he gave
"anxious consideration" to the fact that no key was found, but decided that
the search of the truck may not have been thorough enough. "I am not
prepared to reject Mr. Hehn's evidence," Leask said. Before he acquitted the
long-time biker, Leask raised the issue of a request by media outlets to get
access to transcripts of the closing arguments. He agreed to release the
documents, after defence lawyer Neil Cobb said he had no objections. After
Leask rejected Froess' position that Hehn stored the cocaine in his own
locker, Froess argued that Lilford would have been a fool to secretly use
the locker of a Hells Angel. "If Mr. Hehn's a Hells Angel and Mr. Lilford
stored cocaine in his locker without his knowledge, Mr. Lilford would know
that there would be serious repercussions if Hehn discovered that cocaine,
realized the jeopardy to which Mr. Lilford was exposing him, legal and
otherwise," Froess said. Leask, who has been a judge since November 2005,
described what might have been going through Lilford's mind, though Lilford
did not testify. "On the one hand, he can minimize his risk of detection and
apprehension by just aborting the whole f---ing thing, right? And saying, I
thought I was going to do these things, but I'm not going to do them, it's
just this morning is not working out for me, or he can try and make the best
of things," Leask said. He also swore twice more during the morning
arguments, while a group of school children, touring the courts for
educational purposes, sat in the public gallery. Neither Cobb, nor Froess,
would comment on the issue of profanity when asked about it Wednesday. Bob
Prior, regional director of the Public Prosecution Service of Canada, said
the Crown has 30 days to decide whether to appeal the acquittal. No
complaint has yet been filed about the swearing. Brenner said if someone has
a formal complaint about a judge, they must contact the Canadian Judicial
Council in Ottawa. "That is the body that is charged with receiving and
investigating complaints against federally-appointed judges," he said. RCMP
Insp. Gary Shinkaruk, who heads the Outlaw Motorcycle Gang Unit, said police
did their job by bringing the evidence to court in the Hehn case. "Certainly
I am disappointed with the verdict," Shinkaruk said. "But we respect the
decision of the Supreme Court of British Columbia." Shinkaruk said the other
accused, Lilford, pleaded guilty to possession of cocaine for the purpose of
trafficking and is being flown to the U.S. today to enter a second guilty
plea in a drug conspiracy case for which he was charged in Indiana in March
2004. Lilford has reached a plea agreement of a 16-year jail sentence for
both the Canadian and the U.S. charges and will be able to serve his time in
Canada. kbo...@png.canwest.com ABOUT THE NOMADS: - Earlier this year, the
group quietly opened a new clubhouse in Burnaby, expanding its business
holdings even further across the Lower Mainland. - Police believe the
Burnaby clubhouse is home base for the Nomads and that many of its members
either live in north Burnaby or operate businesses there. CRIME INC.: OUTLAW
BIKERS AND PILL PUSHERS A special two-part report on the most powerful crime
families in B.C. FRIDAY: Some older members of the Hells Angels are
retiring. But police worry their replacements are even more brutal gangsters
who continue to expand the reach of organized crime across the province.
SATURDAY: The globalization of organized crime has made B.C. gangsters with
ties to India and China more powerful than ever. Find out what police are
trying to do here to crackdown on the lucrative manufacture and sale of
crystal meth. © The Vancouver Sun 2007
======================================================================T The
above story was on the front page of the Vancouver Sun today and is on the
Canada.com website. I have never heard of a case where a judge in BC or
Canada used profane language let alone a Supreme Court Judge. Peter Leask is
an embarrassment to the legal profession and the judiciary and should be
removed from the bench. Judges who use profane language have no place in the
courtrooms in Canada. Why a Supreme Court Judge would be surprised that a HA
full patch would be out of his mind is beyond me. Members of the Hell's
Angels are well known for their use of cocaine and meth and alcohol and even
drugs such as LSD. It isn't the least surprising that Mr. Hehn would use his
own name for a storage locker in which he had cocaine. This judge is either
amazingly stupid or is corrupt or he is in fear of being gang raped. In any
case I have never heard of another case where someone had care and control
of a storage locker in their legal name and were seen at the location and
cocaine was found there being acquitted. Hopefully the Canadian Judicial
Council will call for Leask to be removed from the bench and the Crown will
appeal this sentence. This case only came about because two RCMP officers
decided to act on a hunch and investigate two suspicious men. Good work and
hopefully these men will ask publicly for this useless excuse of a judge to
be removed from the bench.
f
--
Read and obey the Bible. Yu'shua died on the cross for our sins, He rose
again and walked the earth. We are awaiting the Third Coming aka The Day Of
Judgment.
Google Censorship:For more info Google greg...@yahoo.ca +"Google"
+"censorship" then do the same search with AltaVista
Kick them when they are down and knock them all around. Peter D
Leask has had an excellent reputation. He has defended the likes of
Nelson M. Skalbania, was involved with the Law Society and is a Queens
Council. That has to have some merit. I do not agree with the way
Judges are appointed in Canada. They should be elected by the people
by vote's like in the USA, not by way of appointing by and at the
pleasure of the Crown and Government.If he had to face the voters I
would say I would balance the pros and cons of Peter D Leask and
probably vote for him. Over all his good side overshadows his bad
side. The case has been looked at by the likes of Wally Oppal,
commented on by Justice Richard Scott. Hells Angel's aquittal or not,
he seems like a fair Judge. Unfortunately we need them. Hopefully he
has learned by his lesson, as many people do including myself. No he
should not be removed from the Bench.
Attorney-General Wally Oppal had reviewed the transcript and said
later that Leask "has had an excellent reputation." "Most judges would
not
express themselves that way, but I am not going to second-guess Peter
Leask," Oppal said.
November 23, 2005
> Peter D. Leask, Q.C., of Vancouver is appointed a judge of the
Supreme Court of British Columbia. He replaces Madam Justice P.A.
Kirkpatrick who was appointed to the Court of Appeal.
Mr. Justice Leask received a Bachelor of Laws from Harvard Law School
in 1966. He was admitted to the British Columbia Bar in 1969 and to
the Yukon Bar in 1985.
At the time of his appointment, he was a partner with the firm Leask
Bahen where he practised primarily in the areas of criminal and
administrative law.
Mr. Justice Leask is a former Bencher, member of the executive and
Treasurer of the Law Society of British Columbia. He is a current
member of the Justice Review Task Force, the Street Crime Working
Group, Mega Trials Working Group and is the National Chair of the
Canadian Bar Associations Legal Aid Committee.>
September 21, 2007
>The chair of the council's Judicial Conduct Committee - Manitoba
Chief Justice Richard Scott - said that public admonishment is
sufficient punishment for Judge Leask.>
>Alan Young, a professor at York University's Osgoode Hall Law
School, said yesterday that the resolution of the complaint is in
keeping with past decisions by the council. >
>Leonard T. Doust, Q.C., and Peter Leask, Q.C., for the
appellant. ... The appellant argues that the trial judge's conclusion
that he lacked the intention
Nelson M. Skalbania R. v. Skalbania, [1997] 3 S.C.R. 995
> Peter Leask, QC Thanks for your help in 2004
The Benchers would like to thank and congratulate all those in the
profession and the legal community who volunteered their time and
energy to the Law Society in 2004. Whether serving as members of
committees, task forces or working groups, as PLTC guest instructors
or authors, as practice reviewers, practice supervisors, conduct
reviewers, fee mediators, event panelists or advisors on special
projects, volunteers are critical to the success of the Law Society
and its work.
Over the past year, the Society has enjoyed the support and
contributions of over 500 Life Bencher and non-Bencher volunteers, all
of whom deserve acknowledgement >
"Greg Carr" <greg...@yahoo.ca> wrote in message
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