Paragraph 5(6) of Panel's Addendum:
"Mr. Guiste made comments to suggest that this Panel was discriminating against Mr. Massiah and his counsel during this process."
Excerpts of May 28th, 2015 transcript:
at pages 72 - 74 - starting at line 3
on p.72:
MR. GUISTE:
So after I make submissions on that objection, and that starts from - - and if I can just have a second - - it starts, Members of the Panel from page 148, 49, 50, 51, 52 and page 153, and the Chair of the Panel says, "Thank you, Mr. Guiste for that speech." Resonable observers looking at this and the totality of the proceedings would see the sarcasm and disrespect. "Thank you for that speech." To a man of African-Canadian descent, it strikes at the - - what is the word ? A stereotype of the black man on a soap box giving speeches on the street corner.
JUSTICE LIVINGSTONE:
With great respect, Mr. Guiste, that I take it is your position, but if you say the word speech at all reflects any racism by this panel, we are offended.
MR. GUISTE:
I am suggesting to you that the context in which that was said, "Thank you Mr. Guiste for that speech", I'm a man of African-Canadian descent and I'm very familiar with my history, and that when individuals of European descent in power want to exert their power, it is not uncommon to resort to that type of stereotyping. Whether you did it or not, I don't know. I'm saying to you that I, as lawyer representing an African-Canadian man who is the subject of judicial misconduct proceedings and I'm trying to discharge my duty, that that is a possible interpretation of that. Whether you intended it Madame Justice, I don't know and I take your word that you didn't intend it that way, but that's not the test. The test is, what is the reasonable person fully informed going to come to a conclusion on.
And that's not the only time you use it. At page 158:
(April 9th, 2014)
"JUSTICE LIVINGSTONE:
At the outset of my response to your speech, Mr. Guiste, I said the Panel knows what it's here to do and that's to deal with the issue of jurisdiction. Was there something unclear with that ?
MR. GUISTE ---Ms. Henein stood up and now it's been clarified, so I think we're good now.
JUSTICE LIVINGSTONE:
I'm happy you feel that way. Thank you"
MR. GUISTE: Again, how is one to interpret "I'm happy you feel that way. Thank you " ? In my respectfull submission, with the greatest of respect to each and every Panel Member, it's my submission that a fully informed member of the public looking at this would say there's a hint of sarcasm and disrespect in that: "I'm happy you feel that way. Thank you."
NOTE: Every effort has been made to accurately reproduce the excerpts from the transcripts cited above. If there is any error kindly advise me forthwith and I will undertake to correct same. Interested persons may consider obtaining and reviewing the original transcripts from the Justices of the Peace Review Council.
"Mr. Guiste made comments to suggest that this Panel was discriminating against Mr. Massiah and his counsel during this process."
Excerpts of May 28th, 2015 transcript:
at pages 72 - 74 - starting at line 3
on p.72:
MR. GUISTE:
So after I make submissions on that objection, and that starts from - - and if I can just have a second - - it starts, Members of the Panel from page 148, 49, 50, 51, 52 and page 153, and the Chair of the Panel says, "Thank you, Mr. Guiste for that speech." Resonable observers looking at this and the totality of the proceedings would see the sarcasm and disrespect. "Thank you for that speech." To a man of African-Canadian descent, it strikes at the - - what is the word ? A stereotype of the black man on a soap box giving speeches on the street corner.
JUSTICE LIVINGSTONE:
With great respect, Mr. Guiste, that I take it is your position, but if you say the word speech at all reflects any racism by this panel, we are offended.
MR. GUISTE:
I am suggesting to you that the context in which that was said, "Thank you Mr. Guiste for that speech", I'm a man of African-Canadian descent and I'm very familiar with my history, and that when individuals of European descent in power want to exert their power, it is not uncommon to resort to that type of stereotyping. Whether you did it or not, I don't know. I'm saying to you that I, as lawyer representing an African-Canadian man who is the subject of judicial misconduct proceedings and I'm trying to discharge my duty, that that is a possible interpretation of that. Whether you intended it Madame Justice, I don't know and I take your word that you didn't intend it that way, but that's not the test. The test is, what is the reasonable person fully informed going to come to a conclusion on.
And that's not the only time you use it. At page 158:
(April 9th, 2014)
"JUSTICE LIVINGSTONE:
At the outset of my response to your speech, Mr. Guiste, I said the Panel knows what it's here to do and that's to deal with the issue of jurisdiction. Was there something unclear with that ?
MR. GUISTE ---Ms. Henein stood up and now it's been clarified, so I think we're good now.
JUSTICE LIVINGSTONE:
I'm happy you feel that way. Thank you"
MR. GUISTE: Again, how is one to interpret "I'm happy you feel that way. Thank you " ? In my respectfull submission, with the greatest of respect to each and every Panel Member, it's my submission that a fully informed member of the public looking at this would say there's a hint of sarcasm and disrespect in that: "I'm happy you feel that way. Thank you."
NOTE: Every effort has been made to accurately reproduce the excerpts from the transcripts cited above. If there is any error kindly advise me forthwith and I will undertake to correct same. Interested persons may consider obtaining and reviewing the original transcripts from the Justices of the Peace Review Council.
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