Kelowna Law Courts file photo

B.C. judge weeps, defence lawyer cries foul

Defense claims Kelowna judge who wept after victim impact statement has ‘overall tone of bias’.

A British Columbia provincial court judge who cried during a victim impact statement in a Kelowna courtroom is incapable of delivering a fair sentence, a defence lawyer says.

The lawyer also says Judge Monica McParland scoffed at the defence’s suggestion for an intermittent jail sentence and displayed an “overall tone of bias” against a person who pleaded guilty to the sexual interference of a minor.

“It is not appropriate for a judge to get so emotional during a victim impact statement, period,” defence lawyer Jacqueline Halliburn said Monday in Kelowna provincial court, adding ”Judges don’t cry in every sexual interference case.”

But Crown prosecutor Angela Ross said the judge’s actions fell well below the standard of misconduct required for an application of judicial recusal to be granted. “Even gross discourtesy does not amount to judicial error,” Ross said.

As well, Ross said, judges are expected to demonstrate “compassion and humanity” in the fulfilment of their duties.

McParland herself will decide if she should quit the case and refer sentencing to another judge.

After Crown and defence arguments were made, McParland indicated her decision will come before the end of August.

Online court documents show the case is due to return to provincial court in Kelowna for a decision on Aug. 17.

Related: First court appearance for Surrey man charged in West Kelowna murder

Related: New lawyer for Kelowna man charged in killing of wife, children

Jeremy Melvin Carlson was charged in 2016 with sexual assault and the sexual interference of a person under the age of 16. Carlson, who is now in the process of transitioning to become a woman, subsequently pleaded guilty to sexual interference of a minor.

The Crown wants a jail sentence up to 20 months, followed by two years of probation. The defence suggested a 90-day intermittent jail term, to be served over 20 weekends.

The judge’s response when Halliburn proposed that sentence is a matter of dispute. Halliburn described it as a “short, sharp scoff”, but the Crown attorney says no such response is audible on court recordings where it’s alleged to have occurred.

Halliburn introduced submissions from people who believed the judge displayed bias earlier in the proceedings. But Ross said those reactions were predictable from friends and family of Carlson, whom she described as “uninformed observers” who perhaps don’t fully understand the court system.

Judges routinely display a wide range of mannerisms and speaking styles in their interactions with counsel during sentencing proceedings, Ross said, and even if they were true, none of the behaviours ascribed to McParland meet the high standard of proof required for a judicial recusal.

Ron Seymour, Kelowna Daily Courier

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Top Canadian curlers clash at 2019 Everest senior men’s and women’s championships

It’s the first big event at the just-opened Chilliwack Curling Club, and features an exciting field.

Chilliwack mayor takes taxi transfer topic to Vancouver

Meeting with the mayor, health minister and Fraser Health CEO confirmed that taxi transfers happen

Chilliwack Chiefs learn hard lessons in BCHL playoff defeat

Lots went wrong for the junior A club, but coach Brian Maloney found some silver linings.

March heat wave arrives with spring in Chilliwack

Two record high maximum temps recorded in Chilliwack with spring warmth

Harrison musician Todd Richard gearing up for album release party in Chilliwack

Todd Richard’s third album, Live Your Life, features all ‘true-story’ songs

VIDEO: Can you believe it? This B.C. hill pulls cars backwards up a slope

Sir Isaac Newton had clearly never been to this Vernon anomaly when he discovered gravity

Canucks hang on for 7-4 win over Senators

Horvat nets 2 for Vancouver

European, Canadian regulators to do own review of Boeing jet

Air Canada plans to remove the Boeing 737 Max from its schedule at least through July 1

Prime minister defends Liberal budget measures as sales effort gets underway

Conservatives under Andrew Scheer say it’s a spree funded by borrowing against the future

B.C. lottery winner being sued by co-workers

They claim he owes them $200,000 each, in a lawsuit filed in B.C. Supreme Court in Vancouver

Teacher reprimanded for conduct towards special needs student

Alan Stephen Berry told vice principal he did not have time to use positive strategies

‘Full worm super moon’ to illuminate B.C. skies on first day of spring

Spring has sprung, a moon named in honour of thawing soil marks final super moon until 2020

Having phone within sight while driving does not violate law: B.C. judge

The mere presence of a cell phone within sight of a driver is not enough for a conviction, judge says

Woman punched on the sidelines of B.C. soccer game

Both involved were watching the U21 game in West Vancouver from the sidelines when things got heated

Most Read