Premier's comments on judge inappropriate: bar association
Last Updated: Monday, August 21, 2006 | 9:52 AM NT
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Premier Danny Williams should not have criticized a Supreme Court judge over a decision that went against his government, the president of the Canadian Bar Association says.
Last week, the premier said Newfoundland Supreme Court Justice Raymond Halley was overzealous in his ruling that backed Max Ruelokke's appointment as chairman and chief executive officer of the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB).
Williams also suggested that Halley "got up on the wrong side of the bed" when he wrote his ruling, which labelled the Williams government's tactics as "reprehensible."
CBA president Parker MacCarthy said Williams should not have said anything personal about Halley.
"There are other actions open, of ways that people who feel that ... the decision isn't what they were expecting [or] hoping for can deal with it, and that's through the appeal procedure," said MacCarthy, who practises law in Duncan, B.C.
Williams had been campaigning to have St. John's Mayor Andy Wells run the CNLOPB, which governs development of the lucrative offshore oil industry.
When an arbitration panel backed the selection of Ruelokke — who has since been endorsed by the federal government — Williams refused to sign off on the appointment.
Ruelokke sought a court order this summer to enforce his appointment as both chairman and CEO of the board. Having lost the arbitration process, Williams said he wanted the two roles split, with Wells filling the chairman's role.
Williams has said Wells would have stood up to oil companies over issues such as benefits.
Recognizing that the issue has been emotionally charged in Newfoundland and Labrador, MacCarthy said the CBA nonetheless says judges should not be targets of personal criticism.
"We don't think that it's appropriate — especially for people who are in public life - to be taking unfair criticism ... of judges' decisions," said MacCarthy.
"They're not in a position to go beyond what they've put in their reasons for judgment, nor are they able to defend themselves when criticism of those judgments are levelled against them."
Williams is considering an appeal of Halley's ruling. An appeal must be filed in September.
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