Judge removed, lawyers upset

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A Federal Court judge has come under scrutiny after dismissing another judge from a case involving Alberta's Samson Cree Nation and Ermineskin First Nation. On May 16, Associate-Chief Justice James Jerome of the Federal Court's trial division, removed Justice Douglas Campbell from a trial that is scheduled to begin on Aug. 18 in Calgary. Jerome questioned Campbell's impartiality, because he knew three members of the Samson Cree Nation.

The case, in which Samson and Ermineskin are suing the federal government for mismanagement of trust funds and oil revenue, has already dragged on for more than seven years. Lawyers for both of the First Nations were angered that Campbell, who was appointed as the trial judge a year ago, was removed.

Jerome is also alleged to have made comments questioning the appropriateness of appointing a Jewish judge to hear a war crimes case or an Aboriginal judge to an Aboriginal case, implying it would be difficult for the judges to remain impartial. These comments, however, were not recorded, but related in an affidavit.

The three people who Campbell knew were Wilson Okemow, Kathy Louis and Roy Louis. Kathy Louis works for the National Parole Board.

"We asked the judge himself if knowing these people would affect his impartiality and he said no," said James O'Reilly, the lawyer for Samson. "When you raise shadows and plant seeds of suspicion, often there's a receptive audience. It doesn't worry them that these judges have deep political links in the past. A lot of the federal justices were former [Department of] Justice lawyers and cabinet ministers."

Jerome is a former Liberal Member of Parliament and House of Commons Speaker.

"I don't know what caused His Lordship to do this other than that it was stimulated by a letter from the federal government's lawyers to the Federal Court Registry," said Marvin Storrow, representing Ermineskin. "It's an unusual situation. I've been appearing before the Federal Court since 1971 and this has never happened to me."

But Pierre Gaudet, a spokesman for the Federal Court, said it is actually unusual for it to be known who will hear a case before the trial day.

"Up until the court day, no one knows who the judge is," he said. "It's unusual that the judge is known ahead of time."

The complexity of this case, however, required that the judge be involved from earlier than the trial date, added Gaudet.

The First Nations' lawyers argue that since Campbell was already appointed, it should be up to him or a hearing in open court to determine if he should be disqualified.

"This isn't fair play," said O'Reilly. "I definitely suspect the federal government wants to have a judge of its own liking."

O'Reilly and Storrow have applied for leave to appeal to the Supreme Court of Canada to have Campbell reinstated as the trial judge. The court date, however, remains fixed.

As for the alleged remarks made about Jewish and Aboriginal judges, Gaudet said Jerome "is not addressing the matter at this time."

"I was on the phone when James Jerome made those remarks," said Storrow. "I've heard no denial."