Sunday, August 23, 2009

Testing judges

Today's Star raises the issue of ongoing testing of older judges mental capacity.

The problem with cognitive testing for judges is that it poses a real risk of becoming a cover for removing "troublesome" judges.

False health concerns were used in the Soviet Union and are still used in China today to remove politically independent minded iurists. Judicial independence is too important to risk, especially as there are no known cases in Canada where a judge's failing cognitive faculties led to an unfair trial.

People in their seventies bring a wealth of experience, wisdom and life knowledge to the bench. Their contributions ought to be celebrated and not undermined by spurious fears of ill health.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

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