Judge Newbould: Turning Victims into Villains

Just in case you missed this article in the National Post.

Ontario judge faces possible removal for speaking against land claim near family cottage

Graeme Hamilton | February 14, 2017 7:46 PM ET
More from Graeme Hamilton | @grayhamilton

The property across the road from the beach has been in Ontario Superior Court Justice Frank Newbould’s family for nearly 100 years. Newbould himself has “been cottaging at Sauble Beach since 1943 when first born,” he wrote in 2014.

At the time, the town of South Bruce Peninsula, which encompasses Lake Huron’s Sauble Beach, was debating whether to accept a land claim settlement that would have extended the territory of the Saugeen First Nation to within about 400 metres of Newbould’s cottage.

In two detailed letters and a presentation at a public meeting, the respected judge spelled out why the town should fight the land claim. The First Nation’s case for expanding its reserve, which was supported by the federal government, was based on a flawed interpretation of historical land surveys, Newbould said.

Saying he was “speaking as a cottage owner,” he warned that agreeing to the claim could change the character of the beach. The native band would likely seek revenue by allowing cars on the beach, charging user fees and selling cigarettes, as it did on a portion of the 11-kilometre beach already under the band’s control.*

Now, as he nears retirement, Newbould’s intervention to protect the beach of his childhood summers risks tarnishing a reputation that saw him named one of the 25 most influential members of the legal profession last year by Canadian Lawyer magazine.

On Monday, the Canadian Judicial Council announced that it will conduct a public inquiry into Newbould’s conduct in relation to the land claim. A CJC review panel concluded that, if proven, the allegations that Newbould intervened in the context of a court case “could be so serious that they may warrant the judge’s removal from office,”* the council said in a statement.

The detailed allegations have not yet been made public, but they stem from a complaint by the Indigenous Bar Association. Scott Robertson, vice-president of the IBA, said Newbould’s 2014 intervention helped derail the Saugeen First Nation’s “hard-fought negotiations” to resolve its land claim.* The matter is now before the courts. Robertson said it was improper for Newbould to take a stand on an issue that he knew could wind up before the Superior Court.

In a statement Tuesday, Newbould’s lawyer said the CJC had already reviewed a complaint from the IBA and dismissed it in January 2015. The lawyer, Brian Gover, said the chairperson of the CJC’s judicial conduct committee determined it was not in the public interest to investigate the complaint.

Gover said the case was resurrected after the president of the IBA, Koren Lightning-Earle, asked the CJC to reconsider its decision and threatened possible “political action” if it did not.*

Newbould maintains that once the complaints were dismissed, the CJC has no jurisdiction to reconsider a closed complaint. A CJC spokeswoman said the council reopened the file after receiving additional information.

Newbould apologized in 2014 “due to the perception caused by the fact he is a judge,” Gover said. He declined to specify to whom the apology was made. “Throughout the entirety of his distinguished judicial career, Justice Newbould has carried out his duties effectively and without bias,” he added.

The CJC is mandated to review complaints against federally appointed judges. Its chairwoman is Supreme Court of Canada Chief Justice Beverley McLachlin*, and its other 38 members are all senior judges.

“It’s important to note that all allegations regarding the judge have not been proven,” the council said in its statement announcing the inquiry into Newbould’s conduct.

And it is very possible they will never even be heard.

Gover said that Newbould, who is 73 and was named to the bench in 2006, has already informed the justice minister that he plans to retire on June 1 “for unrelated personal reasons.” Upon retirement, any outstanding judicial council complaint would be dropped.

And this quote in the Toronto Star from Koren Lightening Earle:

“When Canada talks about this reconciliation, are they actually going to put those things together and actually walk the talk?” she told the Star. “If he just retires, then the action has ended, there is no reconciliation, there is nothing.”

Can anyone see the "big picture" here? The irony?

The real reason Koren Lightening Earle is upset is that it has been revealed that the reconciliation for the Saugeen Band has been built on somewhat of a lie. In other words, it is OK for Indigenous and Northern Affairs Canada to sweep into town with a presentation that hides some significant facts about the land claim and present only information that supports the Saugeen Band. It is not OK for Judge Newbould to level the playing field and present the other side of the story which does not support the Saugeen Band's position. Koren Lightening Earle is angry that the person responsible for revealing the deception of INAC is going to escape punishment. Punishment for what? Revealing truths that INAC should have presented in the first place at the Town meetings. If INAC and the Saugeen Band's case is so strong, why did they feel the need to hide the information?

The Truth is the land claim should be dropped and should have been dropped years ago. The evidence to support the Saugeen Band's claim is not strong enough and the evidence that has been produced since the claim started which discredits it has only become stronger and stronger. The research by INAC and their team was bungled and obviously was not double-checked or considered from every possible angle. The amount of money already spent on these proceedings is shameful. Let's go to court and pile up more costs.

*The native band would likely seek revenue by allowing cars on the beach, charging user fees and selling cigarettes, as it did on a portion of the 11-kilometre beach already under the band’s control.*

Is the above excerpt paraphrased from Judge Newbould's letter an attempt to show him as anti-Native and that this is the true reason for his involvement? I mean, from all eight pages of the letter, this is the most significant and news worthy thing the judge says?

the allegations that Newbould intervened in the context of a court case “could be so serious that they may warrant the judge’s removal from office,”*

Newbould's intervention is viewed as an offence "so serious" yet it is OK for INAC to represent the country of Canada and withhold information and deceive the people they represent in the name of resolving a land claim. Is that what they mean by reconciliation?

Indigenous Bar Association. Scott Robertson, vice-president of the IBA, said Newbould’s 2014 intervention helped derail the Saugeen First Nation’s “hard-fought negotiations” to resolve its land claim.*

I'm sorry, but the idea of coercion and deception being labeled as "hard fought negotiations" just doesn't sit well with me. Besides, it was Indigenous and Northern Affairs Canada who got their hands dirty. What about the private landowners hard fought negotiations? They were not even invited to the negotiation table. Not even invited!

The lawyer, Brian Gover, said the chairperson of the CJC’s judicial conduct committee determined it was not in the public interest to investigate the complaint.

Gover said the case was resurrected after the president of the IBA, Koren Lightning-Earle, asked the CJC to reconsider its decision and threatened possible “political action” if it did not.*

The CJC has already determined that the complaint is not worth investigating yet the Indigenous Bar Association snaps its fingers with the words "political action" and the CJC stands to attention. What exactly does the IBA mean by "political action"? This sounds a little bit like a threat or blackmail to me. Is this in itself not an offence?

Its chairwoman is Supreme Court of Canada Chief Justice Beverley McLachlin*

Do you remember this statement from Beverley McLachlin? "Canada attempted to commit cultural genocide against aboriginal peoples." Now I am certainly not trying to downplay or poke fun at Ms. McLachlin's remark, but with a comment like that, how unbiased a review do you think Judge Newbould will get from her?

Perhaps you would like to judge for yourself whether Judge Newbould's recommendation letter was a misuse of his power. If the letter was never leaked to the public and the judge was only advising town council as a ratepayer would you feel that he was misusing his power? Is it wrong for someone who is knowledgeable about something to give advice to those who are not? Those who have not been informed? Decide for yourself, the link to his letter is below from an online news article:

http://923thedock.com/wp-content/uploads/2014/08/Justice-Newbould-Letter.pdf

A Sauble resident suggested that we should take action and write our MP's and MPP's of our displeasure regarding this situation. I have taken him up on that and maybe you would like to as well. Find my letters and contact information for those you can voice your displeasure to below:

Dear Mr. Miller, Ms. Bennett,

I am angry. 

I am angry about the Sauble Native land claim. More specifically and most recently, I am angry about the chastising and public humiliation of Judge Frank Newbould. I am angry about the role your department, Indigenous and Northern Affairs Canada played in bringing about this public spectacle.

https://www.thestar.com/news/gta/2017/02/15/toronto-judge-faces-discipline-hearing-over-land-claim-intervention.html

Your department, Indigenous and Northern Affairs Canada came to Sauble Beach and Wiarton to spread propaganda in an effort to coerce the residents of the Town of South Bruce Peninsula into accepting a dubious settlement proposal. INAC only presented selective evidence to the residents while your provincial counterpart, Robert Ratcliffe sat idly by with evidence that does not support the Saugeen Band. I am sure you are aware of the evidence.

Now, Judge Newbould has to take the brunt of all of this because your department would not accept its responsibility to present all the information so the whole story could be heard. The federal government deceived the people of South Bruce Peninsula and your provincial counterpart is also culpable by sitting on his hands and remaining silent.

I am angry that the CJC can be pushed around by the IBA and it is allowed to happen. Angry that INAC can tell only selective evidence from a supposedly confidential file while Judge Newbould faces disgrace because he saw that it wasn't fair and presented the other side.

When will your government stand up and do the right thing for Sauble Beach? The evidence to support the Saugeen Band has been disproved and any court to decide otherwise is tainted.

Sincerely,

David Dobson

Crowd Inn, Sauble Beach, ON

Owner/Operator

If you would like to send a letter and feel unsure what to write feel free to copy and paste the contents of my letter. The contact information is below.

Larry Miller, MP Bruce Grey  larry.miller.c1@parl.gc.ca 
Carolyn Bennett, Minister of Indigenous and Northern Affairs Canada  carolyn.bennett@parl.gc.ca 
Cathy McLeod, Official Opposition Critic for Indigenous Affairs  cathy.mcleod@parl.gc.ca 

Don't let the Ontario government off the hook. Feel free to use this letter:

Dear Mr. Walker, Mr. Zimmer,

I am angry. 

I am angry about the Sauble Native land claim. More specifically and most recently, I am angry about the chastising and public humiliation of Judge Frank Newbould. I am angry about the role your department, the Ministry of Indigenous Relations and Reconciliation played in bringing about this public spectacle.

https://www.thestar.com/news/gta/2017/02/15/toronto-judge-faces-discipline-hearing-over-land-claim-intervention.html

Your federal counterpart, Indigenous and Northern Affairs Canada came to Sauble Beach and Wiarton to spread propaganda in an effort to coerce the residents of the Town of South Bruce Peninsula into accepting a dubious settlement proposal. INAC only presented selective evidence to the residents while your representative, Robert Ratcliffe sat idly by with evidence that does not support the Saugeen Band. I am sure you are aware of the evidence.

Now, Judge Newbould has to take the brunt of all of this because your department would not accept its responsibility to present the information so the whole story could be heard. The federal government deceived the people of South Bruce Peninsula and your department is culpable by sitting on its hands and remaining silent.

I am angry that the CJC can be pushed around by the IBA and it is allowed to happen. Angry that INAC can tell only selective evidence from a supposedly confidential file while Judge Newbould faces disgrace because he saw that it wasn't fair and presented the other side.

When will your government stand up and do the right thing for Sauble Beach? The evidence to support the Saugeen Band has been disproved and any court to decide otherwise is tainted.

Sincerely,

David Dobson

Crowd Inn, Sauble Beach, ON

Owner/Operator

Bill Walker, MPP  bill.walker@pc.ola.org
David Zimmer, Ministry of Indigenous Relations and Reconciliation  dzimmer.mpp@liberal.ola.org