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UPDATED (December 4, 2016)
On November 15, Justice Zabel issued the following apology:
“What I did was incorrect. I want to apologize for my misguided try and mark a second in historical past by humour within the courtroom following the stunning end in the US election…I apologize for any offence or harm brought on by my thoughtlessness,”
Because of this, I wrote in a following up report from the Toronto Sun who questioned me about the post listed below:
“As troubling because the preliminary conduct was, the apology that adopted appeared honest, insightful and reflective on the significance for judges to stay non-partisan to any political leanings. For me, that apology restores the arrogance required of a choose to preside over circumstances for all Ontarians.”
Nonetheless, 
On December 3, 2016, the Toronto Star reported: “Judge who wore Trump hat declared support for Republican candidate in court”. In referring to an authorized Court docket transcript, Justice Zabel is quoted as saying, and in stark distinction to his subsequent apology:
“Temporary look with the hat. Pissed off the remainder of the judges as a result of all of them voted for Hillary, so. I used to be the one Trump supporter up there however that’s okay,”
Not solely was the unique act of sporting the Trump hat stunning, unprecedented, and completely unacceptable for a Court docket (as said in my unique put up under). It now seems at incompatible odds along with his apology that adopted.
If that’s the case, that is significantly offensive and aggravating to the Justice’s behaviour who, in his apology, seems to have deflected his behaviour as a joke and far-removed from a deliberate political assertion in Court docket.
It’s offensive to many, together with me, who took his apology at face worth that was buttressed by his inherent credibility as a Justice of the Court docket. I now look ahead to the investigation that may little question be ramped up in mild of this most up-to-date discovery.
Greater than ever, it appears very clear that this motion can’t be condoned and the Justice ought to contemplate resigning if the studies are true. If not, it’s incumbent upon the Judicial Council to take acceptable measures to revive the arrogance required of our Courts.
Right here is my unique put up on why:
Justice Zabel and the Trump Hat in Hamilton (Unique put up):
On Wednesday morning, whereas thousands and thousands of People had been coming to phrases with what the election of Donald Trump as their President meant, Justice Berdt Zabel strolled into an Ontario Court docket as he has executed for many years after the clerk’s enunciated order to “All rise!”
However as we speak was totally different. As a substitute of the stark, and revered apparel of the Ontario Court docket of Justice, Justice Zabel adorned a “Make America Nice Once more” hat prominently and provocatively atop his head — the intense pink image that many have come to concern and loath, complemented his pink sash that in any other case symbolizes the gravitas, independence, and impartiality of our judiciary.
This was not an act of freedom of expression. This was not a celebration. This was a vibrant pink center finger to the concept of judicial independence from political affect from a choose who completely disregarded identified and required conventions for a correctly functioning justice system.
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