Ted Hughes (judge)
Encyclopedia
Edward N. "Ted" Hughes is a retired Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 judge. He is best known for overseeing prominent investigations in Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...

, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

 and British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

, one of which led to the resignation of Premier
Premier of British Columbia
The Premier of British Columbia is the first minister, head of government, and de facto chief executive for the Canadian province of British Columbia. Until the early 1970s the title Prime Minister of British Columbia was often used...

 Bill Vander Zalm
Bill Vander Zalm
Wilhelmus Nicholaas Theodore Marie "Bill" Vander Zalm is a politician and entrepreneur in British Columbia, Canada. He was the 28th Premier of British Columbia from 1986 to 1991.-Early life:...

.

Hughes's wife, Helen Hughes, has been a city councillor in Saskatoon and Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...

.

Career before 1990

Hughes was born in Saskatoon
Saskatoon
Saskatoon is a city in central Saskatchewan, Canada, on the South Saskatchewan River. Residents of the city of Saskatoon are called Saskatonians. The city is surrounded by the Rural Municipality of Corman Park No. 344....

, Saskatchewan. He earned a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree from the University of Saskatchewan
University of Saskatchewan
The University of Saskatchewan is a Canadian public research university, founded in 1907, and located on the east side of the South Saskatchewan River in Saskatoon, Saskatchewan, Canada. An "Act to establish and incorporate a University for the Province of Saskatchewan" was passed by the...

 near the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, and began practising law in Saskatoon in 1952. He became a judge in 1962, and was promoted to the Saskatchewan Court of Queen's Bench in 1974. He was an executor of John Diefenbaker
John Diefenbaker
John George Diefenbaker, PC, CH, QC was the 13th Prime Minister of Canada, serving from June 21, 1957, to April 22, 1963...

's estate, after the former prime minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...

's death in 1979.

Hughes stepped down from the bench in 1980, when he moved to British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

 to become a legal advisor to the provincial Attorney-General. He was appointed as Deputy Attorney-General of British Columbia in 1983, and chaired a series of public hearings into the government's cuts to legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...

 in 1984.

British Columbia

Conflict-of-interest commissioner
Hughes was appointed as British Columbia's first Conflict-of-interest Commissioner in 1990. In 1991, British Columbia Premier Bill Vander Zalm was accused of inappropriate behaviour in the sale of his family's Fantasy Gardens
Fantasy Gardens
Fantasy Gardens, also known as Fantasy Garden World, was a former amusement park in Richmond, British Columbia that was located at the corner of Steveston Highway and No. 5 Road. The park was called Fantasy Gardens because it was surrounded by a series of stone buildings that were designed to...

 theme park, which was purchased by Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

ese billionaire Tan Yu
Tan Yu
Tan Yu was a Chinese Filipino philanthropist and real estate entrepreneur who was once the richest man in the Philippines. In 1997, Forbes ranked him among the 20 wealthiest men on the planet where he had a net worth of about $7 Billion...

 in 1990. The sale was announced one day after Tan had met with provincial Finance Minister Mel Couvelier in Vander Zalm's office. The premier initially said that he was not involved in either the operation or sale of his family business, but when documents released in a separate court case indicated otherwise, he asked Hughes to investigate the matter. Opposition leader Mike Harcourt
Mike Harcourt
Michael Franklin Harcourt served as the 30th Premier of the province of British Columbia in Canada from 1991 to 1996, and before that as the 34th mayor of BC's major city, Vancouver from 1980 to 1986....

 was consulted prior to Hughes's appointment, and gave his approval.

Hughes' report found that Vander Zalm had mixed private business with public responsibilities on several occasions, and had violated provincial conflict-of-interest guidelines. He also indicated that Vander Zalm was apparently sincere, but mistaken, in believing that he had not violated guidelines in arranging Tan's meeting with Couvelier. Vander Zalm resigned as premier after the report was submitted.

In 1992, Hughes ruled that Forestry Minister Dan Miller
Dan Miller (Canadian politician)
Arthur Daniel Miller is a Canadian politician. He served as interim leader of the New Democratic Party of British Columbia and served as the 32nd Premier of British Columbia for six months from August 25, 1999 to February 24, 2000, following the resignation of Glen Clark.First elected to the BC...

 had put himself in a conflict by approving the sale of Westar Timber Ltd.'s forest assets in northwestern B.C. to Repap Enterprises Ltd. At the time, Miller was on a leave of absence from a subsidiary of Repap. He was suspended from cabinet for three months. While Hughes's findings were not questioned, some journalists argued that the province's conflict-of-interest rules were defined too broadly after Vander Zalm's resignation, that the sale was a routine transfer, and that Miller did not stand to benefit personally.

Hughes later investigated Mike Harcourt, who became premier after the 1991 provincial election, over a possible conflict-of-interest involving a former campaign advisor who had started a company called NOW Communications Inc.. The company specialized in social marketing, and received several contracts from the provincial government. Harcourt testified that he played no role in granting the contracts, and the matter ultimately came to nothing.

Hughes briefly resigned as Conflict-of-Interest Commissioner in 1996, following what he described as pressure by Glen Clark
Glen Clark
Glen David Clark is a politician in British Columbia, Canada who served as the 31st Premier of British Columbia from 1996 to 1999.-Early life and education:...

, Harcourt's successor as premier. He was reinstated two days later. He ostepped down from the position in May 1997.

Other matters
In September 1992, Hughes issued a report asserting that sexual discrimination against women pervaded every aspect of the provincial justice system, including hiring practices and the handling of sexual assault cases. He said that he was most disturbed by the testimony of sexual assault and family violence victims, and that he was surprised by the extent of violence in British Columbia society.

Hughes chaired a Justice Reform Committee in 1997–98 that led to significant changes to British Columbia's judicial structure. Hughes also served as chief federal negotiator with in talks with ten indigenous groups on Vancouver Island
Vancouver Island
Vancouver Island is a large island in British Columbia, Canada. It is one of several North American locations named after George Vancouver, the British Royal Navy officer who explored the Pacific Northwest coast of North America between 1791 and 1794...

 in this period, and was a member of the British Columbia Press Council.

In 1998, Hughes was appointed to take over an existing inquiry into whether Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 officers had acted improperly against protesters at the 1997 Asia-Pacific Summit
APEC Canada 1997
APEC Canada 1997 was a series of meetings focused on economic cooperation, held in Vancouver. It was the fifth APEC meeting in history and the second held in the Americas...

. The inquiry, under the auspices of the RCMP Public Complaints Commission, had previously been led by a three-member panel, which itself became caught up in scandal and controversy. Although some believed the scope of the inquiry was too narrow, Hughes's appointment was welcomed by all parties. After some delays, he issued his report in August 2001. Hughes found evidence of widespread police incompetence, and wrote that RCMP actions sometimes provoked violence and deprived protesters of their constitutional rights. He concluded that "police performance did not meet an acceptable and expected standard of competence, professionalism and proficiency", and recommended a series of reforms. Hughes also criticized Jean Carle, a member of the Prime Minister's Office
Office of the Prime Minister (Canada)
In Canada, the Office of the Prime Minister , located in the Langevin Block, on Parliament Hill, in Ottawa, is one of the most powerful parts of the government. It is made up of the prime minister and his or her top political staff, who are charged with advising the prime minister on decisions,...

, for "throwing his weight around" and attempting to interfere with security arrangements. The report nonetheless vindicated Staff Sgt. Hugh Stewart
Hugh Stewart
Hugh St Clair Stewart MBE was a British film editor and producer whose notable contributions included filming Bergen-Belsen concentration camp following its liberation in April 1945....

, who had been widely criticized for his use of pepper spray
Pepper spray
Pepper spray, also known as OC spray , OC gas, and capsicum spray, is a lachrymatory agent that is used in riot control, crowd control and personal self-defense, including defense against dogs and bears...

 against demonstrators. Hughes determined that Stewart made "some unfortunate decisions", but that he had been placed in a situation "that was unfair to him". RCMP Commissioner Giuliano Zaccardelli
Giuliano Zaccardelli
Giuliano Zaccardelli, COM is a former Royal Canadian Mounted Police officer who was the Commissioner of the RCMP from 2 September 2000 to 15 December 2006. Zaccardelli's departure from the RCMP was linked to the force's involvement in the Maher Arar Affair...

 accepted Hughes's finding that the RCMP made errors in planning for the summit.

In 2005, the provincial government of Gordon Campbell appointed Hughes to examine British Columbia's method of reviewing child deaths, following the violent death of an aboriginal girl in foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....

. In his report, Hughes blamed a constant turnover in leadership, major policy shifts, and the Campbell government's budget cuts for undermining the system. He recommended the creation of a new, independent body to oversee provincial child welfare, and advised that the government pay particular attention to the needs of aboriginal communities. Hughes added that if the government did not take steps to improve the situation, he would conduct a speaking tour of the province to shame it into action. The following month, Attorney-General Wally Oppal
Wally Oppal
Wallace Oppal, Q.C. is a Canadian lawyer, former judge and provincial politician, who is currently serving as the Chancellor of the Thompson Rivers University...

 tabled legislation to establish a new, independent watchdog organization for children's services.

In early 2007, Hughes was appointed to a mediation panel looking into lawsuits filed by a group of Indo-Canadian veterinarians, who argued that they had been discriminated against.

Hughes is currently leading a coalition against homelessness
Homelessness
Homelessness describes the condition of people without a regular dwelling. People who are homeless are unable or unwilling to acquire and maintain regular, safe, and adequate housing, or lack "fixed, regular, and adequate night-time residence." The legal definition of "homeless" varies from country...

 in Victoria. He spoke at a drop-in centre in 2008, informing homeless persons of their rights following a court decision that struck down a municipal bylaw against camping in public spaces.

Manitoba

In 1991, Manitoba Justice Minister James McCrae appointed Hughes to lead an investigation into the unusual circumstances which led to Harvey Pollock being arrested on a dubious sexual assault charge. Pollock had previously acted as the lawyer for the family of J.J. Harper, an aboriginal leader who had been killed in a confrontation with Winnipeg police. The case against Pollock quickly fell apart in court, and the woman whose statements initiated the charge indicated that she never accused Pollock of sexual assault in her discussions with police. Pollock believed that he was the target of a police vendetta. Hughes' report completely vindicated Pollock, and led to the resignation of police chief Herb Stephen.

A serious riot broke out at that Headingley Correctional Institution
Headingley Correctional Institution
The Headingley Correctional Institution is a provincial prison, established in 1930 in the rural municipality of Headingley, Manitoba, Canada.A serious riot broke out at the institution in 1996,. Eight guards and several prisoners were injured, some seriously, as a group of inmates controlled the...

 in 1996, leaving several guards and prisoners injured and the prison itself in ruins. Hughes was appointed to conduct an independent inquiry into the cause of the riot by Rosemary Vodrey
Rosemary Vodrey
Rosemary Vodrey is a former politician in Manitoba, Canada. She was a Progressive Conservative member of the Legislative Assembly of Manitoba from 1990 to 1999, and was a senior cabinet minister of the government of Gary Filmon.-Early life and career:...

, McCrae's successor as Justice Minister. Hughes concluded that the prison had been a social powder keg prior to the riot, and that morale among prison guards was extremely low. He noted that 70–80% of inmates in Manitoba prisons were aboriginal, and called for a national initiative to target social inequality and other roots causes of crime. In a subsequent interview, Hughes said that governments should give safety of person and property the same importance as education and health.

Saskatchewan

In 1992, Saskatchewan Justice Minister Bob Mitchell appointed Hughes to lead a judicial review into the shooting death of Leo LaChance, a Cree
Cree
The Cree are one of the largest groups of First Nations / Native Americans in North America, with 200,000 members living in Canada. In Canada, the major proportion of Cree live north and west of Lake Superior, in Ontario, Manitoba, Saskatchewan, Alberta and the Northwest Territories, although...

 trapper, by Carney Milton Nerland, a member of the Aryan Nations
Aryan Nations
Aryan Nations is a white supremacist religious organization originally based in Hayden Lake, Idaho. Richard Girnt Butler founded the group in the 1970s, as an arm of the Christian Identity organization Church of Jesus Christ–Christian...

 white supremacist group. Nerland was sentenced to four years in prison after pleading guilty to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

; many believed that the sentence was inappropriate, and that he should have been charged with murder. The inquiry was permitted to look beyond the shooting, and investigate the activities of racist groups in Saskatchewan. Hughes's report concluded that racism had played a role in LeChance's death, but added that police and prosecutors had acted in good faith and that a murder charge probably would not have been sustained. Alphonse Bird, chief of the Prince Albert Tribal Council welcomed the report's findings, but criticized the lack of recommendations.

During the course of the inquiry, Hughes asked the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 (RCMP) to name an informant who was described as holding a vested interest in the outcome of the inquiry. The RCMP declined, and speculation arose that the manslaughter plea-bargain was arranged to keep the police's spy network in place. Reports later surfaced that Nerland was the informant. The commission was not permitted to address this subject.

The North and aboriginal conflict resolution

Hughes served as Conflict of Interest Commissioner for the Yukon
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....

 and the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...

 after 2001.

In 2003, Hughes agreed to serve a two-year term as Chief Adjudicator for an Alternative Dispute Resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...

 process involving survivors of abuse in Canada's residential school
Boarding school
A boarding school is a school where some or all pupils study and live during the school year with their fellow students and possibly teachers and/or administrators. The word 'boarding' is used in the sense of "bed and board," i.e., lodging and meals...

 abuse. The program was formally launched in November 2003.

Critical assessments

Globe and Mail columnist Robert Sheppard once described Hughes as having earned a reputation as "a scrupulously fair arbiter for all the tough political cases". A political scientist at the University of Victoria
University of Victoria
The University of Victoria, often referred to as UVic, is the second oldest public research university in British Columbia, Canada. It is a research intensive university located in Saanich and Oak Bay, about northeast of downtown Victoria. The University's annual enrollment is about 20,000 students...

 wrote that he was sometimes considered to possess "the wisdom of a Solomon
Solomon
Solomon , according to the Book of Kings and the Book of Chronicles, a King of Israel and according to the Talmud one of the 48 prophets, is identified as the son of David, also called Jedidiah in 2 Samuel 12:25, and is described as the third king of the United Monarchy, and the final king before...

". Most other assessments of Hughes agree with this position. One of the few public figures to have criticized Hughes is Bill Vander Zalm
Bill Vander Zalm
Wilhelmus Nicholaas Theodore Marie "Bill" Vander Zalm is a politician and entrepreneur in British Columbia, Canada. He was the 28th Premier of British Columbia from 1986 to 1991.-Early life:...

, who said in a 1996 interview he believed Hughes had an agenda against him.

Hughes was appointed an Officer in the Order of Canada
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...

in 2002.

Footnotes

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK