The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50818
regional wrap-up Judicial impunity upheld in lawyer complaint N ew Westminster, B.C., lawyer Karla Gonzalez has been unsuc- cessful in a bid to have the British Columbia Supreme Court rule that the BC Human Rights Tribunal erred when it decided it had no jurisdiction over her case alleging discrimination by a provincial court judge on the grounds of physical disability. The tri- bunal maintained that the complaint was beyond its scope as the judiciary is protected by judicial immunity. Gonzalez, in January 2006, was involved in a serious car accident and injuries prevented her from working full-time. Her physicians suggested she limit her days and hours. "While some judges were willing to accommodate her proposed schedule, many of the judges, as well as opposing counsel and trial schedulers, were very reluctant to grant the petitioner's request," the court's reason for judgment stated. Gonzalez became involved in a continuation hearing under the Child, Family and Community Services Act in Abbotsford provincial court in September 2007. An issue arose over late disclosure of information that Gonzalez had not reviewed and her wit- ness list, which she could not complete until she reviewed material. She was not able to finish cross-examination of a witness at the hearing as she had not fully reviewed the late material from the ministry handling the case. The court insisted she address the issues of the witness list and that the process was being frustrated. An exchange occurred between the judge and Gonzalez and the court's obligation to accommodate her disability. The presiding judge said: "This not just about you and your disability. This is about moving the case along where three children are in limbo." The pre- siding judge also stated that "maybe you should rethink these cases before you take them on." Gonzalez became upset and an adjournment was called. When court resumed, she informed the court her client had decided to retain a lawyer who could work full time. In November 2007, Gonzalez met with Chief Judge Hugh Stansfield about the experience and he arranged to have a meeting between the judge Visit us online! canadianlawyermag.com lawtimesnews.com Fresh content delivered weekly. C anadian La w yer | Law T imes | 4 S t ude nt s | InH ouse 16 JULY 2009 www. C ANADIAN Law ye rmag.com HouseAd-Online_CL_June_09.indd 1 5/19/09 10:46:10 AM