Judge ponders controversial decision

By Steph Crosier

In the library of the Belleville Ontario Superior court, Judge Stephen Hunter sits in his black robes, white collar, and red sash that represents a judge’s compassion. At the long wooden table, the silver-haired man who loves his job enough to come in on weekends reflects on the role of a judge and the emotional toll it can take.

“I’ve been involved with a number of very horrific cases and they obviously have some impact on you,” said Hunter. “They educate you on what can happen in your society and how.”

Thus was the case of a military father who Hunter sentenced in 2010 to six years in prison for sexual assault, incest, possession of child pornography, and sexual interferences.

In this case, Hunter decided not to see all of the evidence. Hunter decided not to view a video the father took of himself raping his teen daughter because he could imagine what the tape depicted.

The Crown appealed the six-year sentence to the Supreme Court of Canada because they felt Hunter would have come to a tougher sentence had he watched the gruesome video. However, on November 2 the Supreme Court struck down the appeal.

Hearing after hearing, judges must sit without bias at the head of a courtroom and consider every piece of evidence that will help them come to the right sentence. Some of that evidence could haunt the average person to the core and yet judges like Hunter must observe these sometime gruesome declarations, witnesses, and testimonials with an analytical eye in an attempt to rule fairly.

“You’re going to have graphic issues and things that you are going to see from an autopsy,” said Hunter. “You don’t become insensitive to them but you look at them more analytically.”

Hunter said through training and experience, judges, can see that every case, individual, and circumstance is new and whether someone has seen one child pornography film or 20 a judge does not become desensitized.

“I don’t think that is the issue,” said Hunter. “But you become aware of it.”

Hunter said during court, emotion does not come into play when deciding a sentence.

“That emotional aspect doesn’t impact the court’s decision the effect of the crime and the understanding of the effect of the crime is important but the emotional impact doesn’t drive your decision you have to make you decision on the best that you can on the facts, on the offence, and what you are trying to achieve,” said Hunter.

Thoughts from his cases do come home with him at night said Hunter because of the impact they make.

“That’s the struggle that you go through to not to let your emotions dictate how you make the decision in a case,” said Hunter. “That’s what judges will always struggle with.”

Hunter said that is just what comes with dealing with criminal law and the crimes that affect him the most are those committed against the vulnerable.

“I’ve seen an increase in the number of cases of elder abuse,” said Hunter. “And that is disturbing.”

In dealing with emotional strain, Hunter said there is a support network judges can access.

Judges in the courthouse also watch out for each other. If one sees that the other went through a tough case, they will suggest they talk to someone about it.

“You talk about things generally not just with your coworkers and colleagues but you know you talk to people in your community in your family it’s a support network that anybody has who deals with a stressful job,” said Hunter. “But as judges you’re trained both experientially and academically to approach it as analytically as you can because that’s your job.”

Hunter said there are cases that have affected him more than others but he hasn’t had to speak with any professional support workers.

“Some of my network of friends are professional social workers and are grief councilors, they’re just people that I know,” said Hunter. “So when you talk about anything in a general environment that assists you in understanding that and there have been a lot of cases which can impact on you. And they do.”

For Hunter cycling and running helps to clear his head.

“To say it doesn’t affect you, of course it does because you are human. Thank goodness.”