Bruce P. McDonald (died May 10, 2005) was a provincial court judge in
Manitoba
Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
, Canada. He resigned in 1993, following controversy about
racist
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
and
sexist
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
statements he had made from the bench.
Early career
McDonald became a judge in
Portage la Prairie
Portage la Prairie () is a small city in the Central Plains Region of Manitoba, Canada. As of 2016, the population was 13,304 and the land area of the city was .
Portage la Prairie is approximately west of Winnipeg, along the Trans-Canada Hig ...
in 1962. He was criticized in 1987 for issuing only a $500 fine in a
drunk driving
Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.
In the United States, alcohol is invo ...
case that resulted in a man's death. By the 1990s, he was one of the last small-town resident judges in the province.Randy Turner, "Accused love 'big pussycat'", ''Winnipeg Free Press'', 11 May 1993.
Controversy
Three of McDonald's rulings in 1992-93 attracted widespread attention and condemnation. In August 1992, he declined a request for assistance from a woman who worked in the same office as her ex-boyfriend, whom she accused of harassment. McDonald was quoted as saying, "Ever thought of quitting work?".Ruth Teichrob, "Judge downplays sex crime, cites offender's 'curiosity'", ''Winnipeg Free Press'', 29 April 1993. A few months later, the ''
Winnipeg Free Press
The ''Winnipeg Free Press'' (or WFP; founded as the ''Manitoba Free Press'') is a daily (excluding Sunday) broadsheet newspaper in Winnipeg, Manitoba, Canada. It provides coverage of local, provincial, national, and international news, as well as ...
'' reported that McDonald declined a woman's request for a peace bond, and told her to "work something out" with the man she accused of assaulting her. The woman, a resident of the Sandy Bay Indian Reserve, said that she was humiliated by the experience, and that McDonald's comments made it seem as though she was at fault. Advocates for abused women said the incident made a mockery of Manitoba's
zero tolerance
A zero tolerance policy is one which imposes a punishment for every infraction of a stated rule.zero tolerance, n.' (under ''zero, n.''). The Oxford English Dictionary, 2nd Ed. 1989. Retrieved 10 November 2009. Italy, Japan, Singapore China, Indi ...
rules against domestic violence.
In April 1993, McDonald ruled that a 73-year-old man who pleaded guilty to
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
against four of his relatives was motivated by "curiosity", and sentenced him to two years' probation. In response, several critics argued that McDonald was insensitive to issues of abuse. Ann McGillvray of the
University of Manitoba
The University of Manitoba (U of M, UManitoba, or UM) is a Canadian public research university in the province of Manitoba. Provincial
Justice Minister
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
James McCrae announced a review into McDonald's sentence, and ordered the Manitoba Judicial Council to launch a broader review into McDonald's activities. McCrae also announced that he would overhaul the Judicial Council and introduce provincial legislation to ensure the better screening of judicial applicants. In June 1993, the appeals court overturned and denounced McDonald's ruling, and issued a six-month jail term against the defendant.
Further investigative reporting by the ''Winnipeg Free Press'' revealed that McDonald was known in the legal community for granting discharges in sexual assault cases. He frequently berated
Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
officers for minor technical errors, and kept personal records on accused persons who appeared before him. Several lawyers refused to criticize him on the record, fearing repercussions if they appeared again in his courtroom.
McDonald was suspended on May 11, 1993, after chief provincial judge Kris Stefanson reviewed a transcript of remarks that he made in a December 1969 court hearing. During this case, McDonald said he was "distressed" that residents of the Long Plains Indian Band had refused to cooperate with the RCMP, and expressed "hope" that they would not receive RCMP help if they ever needed it. He then added, " hejoyful result would be that the residents of the reserve would kill one another off". In the same transcript, McDonald said, "I am well aware of the fact that there is more violence on Indian reserves than anywhere else in the country. I am well aware of the fact that when an Indian ..fights, (he) doesn't fight, he tries to massacre somebody. The amount of damage inflicted on various complainants is considerable, and if it weren't for the fact that most of them have the thickest skulls in the country, there would be many more possibilities of murder charges that would be incapable of being proved because all the witnesses hadn't seen anything." These remarks were widely condemned, with
Assembly of Manitoba Chiefs
The Assembly of Manitoba Chiefs (AMC; preceded by the Manitoba Indian Brotherhood) is an Advocacy association, association that advocates on issues affecting First Nations in Manitoba. Representing 62 of the 63 First Nations in Manitoba, the prov ...
leader
Phil Fontaine
Larry Phillip Fontaine, (born September 20, 1944) is an Indigenous Canadian leader. He completed his third and final term as National Chief of the Assembly of First Nations in 2009.
Early life
Fontaine, an Ojibwe, was born at the Sagkeeng Firs ...
saying that he was outraged by McDonald's behaviour.
As the scandal unfolded, it was reported that several complaints had been filed against McDonald in the previous decades. A transcript of McDonald's remarks was reportedly sent to chief provincial judge Harold Gyles after the 1969 case, although Gyles said that he never received the document. In 1978,
Crown Attorney
Crown attorneys or crown counsel (or, in Alberta and New Brunswick, crown prosecutors) are the prosecutors in the legal system of Canada.
Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and vario ...
Bob Maxwell submitted a complaint alleging that McDonald showed bias against aboriginal Canadians, made derogatory remarks made from the bench, and was generally rude and unprofessional in his behaviour. Portions of this complaint were submitted to provincial Attorney-General
Gerald Mercier
Gerald Wayne Joseph "Gerry" Mercier (born November 7, 1942 in Claresholm, Alberta) is a politician in Manitoba, Canada. He was a member of the Legislative Assembly of Manitoba from 1977 to 1988, and was a cabinet minister in the Progressive ...
and later forwarded to Gyles, who reprimanded McDonald in private and requested that he give up control of the docket to the Crown. McDonald complied, and a senior official in the Attorney-General's department described the matter as resolved. During this period, Gyles also told Mercier that a public inquiry would cause adverse publicity. Gyles later said that he did not investigate other complaints against McDonald during this period because they were not made in writing.
Gord Mackintosh
Gordon Henry Alexander Mackintosh (born July 7, 1955) is a former Canadian politician who represented the riding of St. Johns in the Legislative Assembly of Manitoba from 1993 to 2016. He served as a cabinet minister in the New Democratic Party ...
Roland Penner
Roland Penner (July 30, 1924 – May 31, 2018) was a political activist and lawyer who became a cabinet minister in the Manitoba provincial government and dean of law at the University of Manitoba.
Education and early career
Penner was born i ...
about McDonald's handling of sexual assault cases. Penner referred MACSW to the Manitoba Judicial Council. Gyles, who served on the council, investigated the matter and sent McDonald a letter of admonition. Several complaints about McDonald were later submitted between 1988 and 1993.
Aftermath
McDonald resigned in December 1993, just as the Judicial Council was about to begin an investigation into his activities. His resignation caused the immediate cancellation of the hearings.
Rosemary Vodrey
Rosemary Vodrey is a Canadian 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 ...
, who succeeded McCrae as Justice Minister, subsequently rejected requests for an independent inquiry. In 1994, she announced a policy change allowing judicial inquiries to continue after a judge's retirement, if it is in the public interest.
Ruth Teichrob won a Manitoba Human Rights Award in late 1993 for her coverage of the McDonald controversy.
McDonald died on May 10, 2005, at age 86.Kevin Rollason, "They left huge legacies Prominent Manitobans' lives will be remembered in new year", ''Winnipeg Free Press'', 2 January 2006, B5.