Local TV station Citytv reported this story today: supporters of a slain girl’s mother attended a Toronto courthouse demanding “justice” for the girl. For those who do not live in Toronto, here’s a brief background.
A while ago a 7-year-old girl was found dead in Toronto with severe trauma all over her body. Her legal custodian was arrested and charged with second-degree murder. Apparently, the girl was given up by her mother and placed in the home of the mother’s “best friend” on consent of both parties under a court order.
Today, a group of individuals, including the slain girl’s mother, attended the Toronto courthouse today, where the order was given, demanding that “something must be done,” to remedy this “injustice.” Exactly what should be done, the protesters did not say.
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In common law, judges are immune from lawsuits regarding their decisions. Constitutionally, the judges are impartial third parties whose duty is to administer the law to the best of their abilities. This is called “judicial independence.”
Accordingly, there are very few remedies available for parties that do not agree with the decisions rendered; besides the process of appeal, there are limited royal prerogatives available through the King or Queen, e.g., immunity, clemency and pardon. (Most royal prerogatives are rarely, if ever, used today in the absence of properly enacted legislation.) Any questions of law in the decisions must be dealt with by the appellate courts.
As such, the judges may not talk about their cases in public, or out of the court room because all there is to be said should have been included in the reasons of the judgments. If judges were allowed to make off-hand remarks about the cases, it would open up a floodgate of allegations of bias and hostilities against the parties. Therefore, most courts and tribunals cannot publicly defend themselves, even when they have good reason to do so.
The protesters have a sympathetic cause with regard to the little girl’s death. However, the tragic ending of this little girl’s life could not have been foreseen by anyone. If there is anyone to blame, the protesters should blame the (alleged) murderer, not the judge.
