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64 Re Inquiry Pursuant to Section 13(2) of Territorial Court Act: Re Inquiry into Conduct of Judge Bourassa, [1990] N.W.T.R. 337. 65 Canadian Judicial Council Inquiry Committee Report to the Canadian Judicial Council of the Inquiry Committee Established Pursuant to Subsection 63(1) of the Judges Act at the Request of the Attorney General of Nova Scotia (August 1990). 2-25 Bourassa, a white male Territorial Court judge from the Northwest Territories, made a remarkable series of statements that attracted widespread criticism as being both racist and sexist. The judicial inquiry into his conduct found no reasonable apprehension of bias.64

The shocking revelation of the wrongful criminal conviction of Donald Marshall Jr., an Aboriginal man from Nova Scotia, resulted in an inquiry into the behaviour of the five white appellate judges who upheld his conviction. The white judges of the Judicial Council of Canada concluded that there was nothing to impugn the impartiality of the court.65

The Future of the Concept of Legal Professionalism The examples I have produced in this short paper cannot capture the fullness of the historical record, in part because this research is so new, and in part because the recipients of such behaviour did not commit thorough accounts to writing in forms that have survived in archival collections.

Yet what is here allows us to get some sense of the climate that fostered a deep and longstanding intolerance of lawyers and judges who were not male, white, economically privileged Gentiles.

The history of the legal profession illustrates that concepts such as professionalism, civility, community, and collegiality have been imbued with discriminatory intent and practice. These are, indeed, ideas that have been pressed into service to allow the most privileged of lawyers and judges to exercise power and promulgate exclusion based on gender, race, class and religion. http://www.lsuc.on.ca/media/constance_backhouse_gender_and_race.pdf

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