Justice David Watt should be praised for clear writing

Lawyers are usually criticized for being incomprehensible. Judges, if anything, are usually said to be even harder to understand. And yet a senior Ontario judge is being criticized for writing too clearly.

David Tanovich, a well respected legal academic, is quoted in the Globe saying of Judge Watt of the Court of Appeal for Ontario:

“He is out of control. I am frankly surprised that no one on the court – including the Chief Justice – has said anything to him. I would not be surprised if there is not a judicial council complaint if he continues.”

Mr. Tanovich also said that the criminal law is no place for lively writing, which “serves to sensationalize and desensitize tragic facts and serious social issues.”

Apparently Mr. Tanovich is concerned that the language Justice Watt uses in his judgments.

To similar effect, University of Ottawa law professor Rakhi Ruparelia said she was stunned by the disrespect Judge Watt toward the gruesome murder of a young woman. “It seems as though Justice Watt was trying to titillate and entertain with his writing rather than offer a careful and appropriate consideration of the facts,” she said.

I disagree.

Justice Watt’s language is clear, direct and easy to understand. It often deals with dreadful things but being plainspoken is a good thing. Look at two recent excerpts:

“On a cold weekend in late January 2000, the lengthy but brittle relationship among Michael Luciano, Colleen Richardson-Luciano and James Cooper ended. Abruptly and violently. First, in Woodbridge. Then, in Egmondville. Two deaths. Colleen Richardson-Luciano died first. In Woodbridge. Stabbed to death. A day later, James Cooper died in Egmondville. By asphixia from strangulation.” - R v Luciano. May, 2010

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“Explosions damage and destroy things. Sometimes, their victims are people. Like here. An explosion damaged and destroyed several buildings. Hurt some people too. And killed others. The explosion was preventable. If only …” - R v Enbridge Gas Distribution and Precision Utility Ltd. January, 2011

I agree that in dealing with mourners one uses tact and sometimes avoids using blunt language – but Justice Watt is writing for judges, lawyers and the public all of whom deserve to be told clearly what the law is. I have not always agreed with everything Justice Watt says -- but I understand it!!!

Justice Watt should be praised for writing clearly.