Honour system inadequate for judicial picks, chief judge says
Last Updated: Tuesday, January 13, 2009 | 8:18 AM
CBC News
Don Singleton says he forgot to note a 1990 conviction for impaired driving when he applied last year to become a provincial court judge. (CBC)
The case of a newly appointed judge who was forced to resign after authorities learned he had been convicted almost two decades ago of drunk driving shows weaknesses in Newfoundland and Labrador's judicial selection process, a ranking judge says.
Don Singleton tendered his resignation to Justice Minister Tom Marshall on Sunday, while insisting that he had forgotten about a 1990 drunk driving conviction when he applied for a spot on the provincial court bench.
Two days before Christmas, Marshall had appointed Singleton, a Happy Valley-Goose Bay lawyer, to serve as the provincial court judge in Grand Falls-Windsor.
Reg Reid, the chief judge of the provincial court, said the case shows an obvious need for much greater scrutiny.
"This case may in fact tell us that the time has come when we can no longer just … rely on the honour system and that somebody will in fact, you know, disclose," said Reid, who chaired the judicial committee that selected a short list of candidates presented to Marshall.
CBC News reported last week on how Singleton was appointed even though he had pleaded guilty in 2005 to two charges of illegally obtaining duty-free products at Canadian Forces Base Goose Bay.
Marshall said he was comfortable with the appointment, because Singleton had been given an absolute discharge in the case — meaning the incident did not become a criminal record — and because Singleton had disclosed it.
Singleton, however, did not disclose his impaired driving conviction, over a charge laid in 1989 after he blew .120 on a breathalyzer.
Reid said Singleton's conviction came to light only when a reporter asked for a check on his criminal history.
Chief judge heard 1990 case
Until now, applicants for the bench have not had to undergo mandatory checks, even though they're mandatory for sports and children's groups, and indeed routine at many jobs, including the fast-food industry.
Reid said he thinks someone would eventually have remembered Singleton's conviction. However, Reid did not — even though he happened to have been the judge who convicted Singleton in 1990.
"There was nothing in that case or about Mr. Singleton himself that would have made that case stand out in my mind," Reid said.
Meanwhile, Marshall has launched a review to ensure the same mistake never happens again.
Marshall has hired a University of Ottawa law professor to help with the review and to tighten up the process for approving judges. He has also asked authorities to overhaul the screening procedures for picking judges.
Justice critic Kelvin Parsons welcomed the review of procedures, which were the same when he was justice minister during the preceding Liberal government.
Parsons said he finds it difficult to believe that Singleton forgot about his drunk driving conviction.
"Surely, I think if an individual was in front of the courts for an impaired driving charge, that is something that I would think might be embarrassing or might bring disrepute to the administration of justice and to the bench, and not something I'm likely to forget if I'm in the process of making an application," Parsons said.
Critic suggests removing politicians from process
Speaking with CBC News on Tuesday, Parsons also said that perhaps a screening committee should go further, and investigate whether a candidate had received a pardon for a crime. The granting of a pardon expunges a criminal record.
Parsons also suggested that the short list of candidates for the bench become public.
"Let's do a complete revamping," said Parsons, who also suggested that politicians should perhaps be removed from the appointment process altogether.
Marshall said he does not disbelieve Singleton, but said something as serious as an impaired driving charge ought not to have been forgotten.
Marshall said the discovery of the conviction has exposed a serious flaw in the judicial appointments system.
"What we've learned from this is that there was no independent check of the criminal record," Marshall said.
"That was a surprise to me."