Chief Justice Kennedy Reacts to Daily News Column

In response to an opinion column in the Halifax Daily News, Chief Justice of the Supreme Court, the Honourable Joseph P. Kennedy wrote the following letter. Chief Kennedy's comments were echoed and supported by other letters to the newspaper from the Nova Scotia branch of the Canadian Bar Association as well as the Criminal Lawyers Association.

November 9, 2006
The Editor
The Daily News

Dear Editor:

Re: November 7, 2006 Column

It is not common that a judge responds to media comment. Traditionally the judiciary stays out of public debate. There are though, rare circumstances when media behaviour is so outrageous as to necessitate a reply.

Your columnist David Rhodenizer queried "Does Justice David Gruchy feel like he has blood on his hands?" in commenting on the death of the young American sailor on a Halifax street.

Justice Gruchy does not.

To suggest that the judge is in any way responsible for that tragic event is both reprehensible and reckless.

Justice David Gruchy has been on the bench of the Supreme Court for more than 16 years, during which time he has developed the reputation as one of the finest trial judges to ever sit in this Province. He has heard hundreds of criminal trials, many complicated and involving serious charges, and has done so with skill and dedication.

In February of 2004 he sentenced a young first offender to 5 years and 7 months in a federal penitentiary. The defendant had been charged with attempted murder, however, as a result of an agreement between the prosecution and the defence counsel, he pleaded guilty to the lesser offence of aggravated assault. That sentence was within, and according to, the sentencing guidelines established for such an offence at that time and Justice Gruchy explained his decision in detail. I note that neither the prosecution or the defence appealed that decision.

Now, more than two years later, that same young man is charged in relation to the sailor's death, prompting your columnist to make his preposterous suggestion.

The media may disagree with a judge's decision and publicly say so, a right protected by the Charter.

Judges are used to and expect criticism, informed or otherwise.

We are not "hot house flowers". Every time we make a decision we know that we will make somebody unhappy.

However, to suggest as Mr. Rhodenizer does, that a judge in the proper and careful exercise of his function is somehow culpable in the sad death of a man, occurring years after a judicial decision is rendered, is sensationalism and irresponsibility to a degree that we are not accustomed to in Nova Scotia.

An apology would be in order.

Yours truly,
Chief Justice Joseph P. Kennedy

To read Justice Gruchy's decision, click here > 2004 nssc 278