Saskatchewan judge's stop at teepee camp could raise perception of bias: expert

An experienced defence lawyer says a Saskatchewan judge's attendance at an Indigenous demonstration after he ruled on it could expose the court to potential allegations of bias.  

Michael Spratt says it's unusual for a judge to have contact with one of the parties that either could end up before them, or has already.  

Court of Queen's Bench Justice Graeme Mitchell appeared Sunday at a closing ceremony for a young Metis man whom he ruled was allowed to stay on the provincial legislature's lawn to finish a hunger strike over suicide rates.  

Mitchell dismissed the government's bid to remove Tristen Durocher's teepee and found the bylaws that prohibit overnight camping on the grounds infringed on his charter rights as an Indigenous man.  

During his stop at Durocher's camp, Mitchell spoke to him and accepted a Metis sash presented by a supporter.  

While issues of reconciliation are important and judges are trained to put their personal views aside before making decisions, Spratt says Mitchell's attendance at the camp could serve as grounds for an appeal by the province.

Premier Scott Moe said he respects Justice Mitchell's decision on the ceremony and says the justice ministry awaits the full decision so they can review and talk about whether or not changes are necessary. 

"My feelings are irrelevant. The judge has ... indicated what his decision will be. He'll be following up with more details in the weeks ahead," Moe said. 

"I don't think it's appropriate for us to make any comment on [his actions]," justice minister Don Morgan said. 

When asked if he thought the visit was unusual, he said yes but that he would leave any determination on that up to the Chief Justice and the courts. 

"Our goal is to maintain a set of laws throughout the province that are constitutional, that are appropriate and serve the citizens of our province well," Morgan said.