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There’s an uproar over a judge, Justice Bernd Zabel, who apparently arrived at Hamilton’s John Sopinka courthouse wearing a hat with Donald Trump’s campaign slogan “Make America great again.” No Hamilton lawyers we spoke to wanted to comment on the record about a current justice working in their courthouse but at least one formal complaint has been made to the judicial council, it comes from an Osgoode law professor who teaches about the importance of judicial impartiality.
Osgoode law professor Gus Van Harten says judges are mandated not only to be neutral, but to appear neutral.
“Any party that appears before him now has to wonder if he’s impartial on issues linked to Donald Trump. So if you’re a member of a group that’s been publicly disparaged by Trump, how are you going to feel going into his courtroom.”
Toronto defence lawyer Ari Goldkind agrees judges can’t be political but doesn’t believe the judicial council will act against Zabel.
“They might do something behind the scenes, but it’s like a secret skull and bones society that shouldn’t satisfy anyone. It’s judges and people who like judges, judging judges. Like a kangaroo court.”
Van Harten though, still has faith in the judiciary and hopes Zabel will be temporarily taken off the bench.