Calgary judge who made comments to students about 'big dark people' is not racist: Canadian Judicial Council

A Calgary judge who made remarks widely perceived as racist during a guest lecture to law students has been cleared by the Canadian Judicial Council after it found "she does not harbour racist views."

​Court of Queen's Bench Justice Kristine Eidsvik — who was the judge-in-residence at the University of Calgary — made the comments in January to a class of second-year students about being nervous in a room full of "big dark people." 

Eidsvik apologized to the class the next day, saying she "felt sick" about her comments.

• Calgary judge apologizes to law students for comments 'insensitive to racial minorities'

After receiving four complaints from students, the council has completed its review of Justice Kristine Eidsvik, finding it was an "isolated incident and no further measures need be taken."

Aside from apologizing, Eidsvik also resigned her judge-in-residence position with the university, she met with the Black Law Students Association of Canada to express her regrets and took courses on cultural diversity and cultural competence for judges, according to the council.

Justice Christopher Hinkson, vice-chairperson of the Judicial Conduct Committee of Council, reviewed the complaints, and "considered publicly available information and sought comments from the judge."

"The judge's actions, taken in context, make clear she does not harbour racist views," said Hinkson, who is the Chief Justice of the Supreme Court of British Columbia.

Tuesday's release from the council noted that the remarks to the class showed a lack of judgment.

"The judge's comments were nonetheless injudicious and Chief Justice Hinkson expressed his concerns to the judge about the effect of her comments on the public's perception of the judiciary."

The council says it has notified the four complainants that no further action will be taken. 

Ian Holloway, dean of the U of C law school, says the relationship between the school and the court is "very important" to the university and he is glad the review is now completed. 

"This was an extremely unfortunate set of events, but I'm looking forward to working with the Chief Justice [of Alberta, Mary Moreau] and her fellow judges to continue to strengthen the links between the law school and the Court."

Comments 'not appropriate': Eidsvik

The students say Eidsvik told them she was used to being in her "ivory tower" where she's normally "removed from the riff raff."

During her apology the following day, Eidsvik said she was commenting about her "initial reaction walking into a JDR [judicial dispute resolution] room."

"That as soon as it came out of my mouth, I recognized was not appropriate and could be construed as insensitive to racial minorities," said the judge.

Eidsvik was appointed to the Court of Queen's bench in 2007.