Law Schools

Judge Who Made Racist Comments To Law Students Resigns

Can this judge ever be fair to minorities from her high seat on the bench?

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Justice Kristine Eidsvik

Law students at the University of Calgary Faculty of Law were just a few days into the new year when they were served with a hot take on race relations in the Canadian justice system by Kristine Eidsvik, a justice on the Court of Queen’s Bench. Justice Eidsvik explained to second-year students that she felt uncomfortable having to walk into a room “full of big dark people” during judicial dispute resolutions, and that she was used to being in an “ivory tower,” where she’s “removed from the riff raff.” Many law students, as could have been expected, were incredibly offended by her racially insensitive remarks.

Students immediately contacted Dean Ian Holloway about Justice Eidsvik’s comments, and in turn, she apologized to her class the very next day. Some students were unsatisfied with that apology, as it made them wonder whether the justice — who described herself as “human and clearly far from perfect” in that apology — could ever be fair to minorities from her high seat on the bench.

Students at Calgary Law no longer need to worry about Justice Eidsvik’s gauche commentary on race, as she resigned from her position as judge in residence at the school just days after making her apology. Following Justice Eidsvik’s resignation, Calgary law professors penned a letter in support of their students, noting that:

  • Racist attitudes, including explicit and implicit bias, are an ongoing problem in our legal system.
  • Every actor in the legal system has a responsibility to work positively to redress racism, and to improve the justice and fairness of the law and how it is applied.
  • Judges bear a particular responsibility to ensure that they make decisions free of bias and in accordance with the values and principles enshrined in the Canadian Charter of Rights and Freedoms, including the right to equality.
  • Legal educators are responsible to ensure that law school admissions and classrooms redress rather than reinforce inequality.
  • The judiciary, the legal profession and the legal academy ought to reflect and respect race, class and other forms of diversity.

Litigants of color who heard about Justice Eidsvik’s comments may also receive a reprieve from her antiquated views on minorities, because not one, but two complaints about her comments were sent to the Canadian Judicial Council. A member of the Council’s conduct committee will review those complaints, and decide what actions to take against Justice Eidsvik, if any.

Canada isn’t as polite a land as we were led to believe. Racism exists in the Great White North, and it even exists within the minds of jurists who are supposed to dole out justice in their courtrooms, regardless of the color of the litigants’ skin. We hope the Council deals with Justice Eidsvik swiftly, so that her racial bias doesn’t impact anyone who crosses paths with her in court.

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Calgary judge accused of racist remarks resigns position at university law school [CBC News]
Judicial watchdog reviewing Calgary judge for comments to students [Globe and Mail]

Earlier: Judge Tells Law Students That Rooms ‘Full Of Big Dark People’ Make Her Uncomfortable

Staci ZaretskyStaci Zaretsky has been an editor at Above the Law since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

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