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By Madeleine Leclerc

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As he contemplates his semi-retirement from the bench, Grand Falls provincial court judge Jacques Desjardins takes with him 27 years of memories... many of them good, a few of them not so good, but he leaves the courtroom with a definite sense of satisfaction and accomplishment.

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A native of Grand Falls, Desjardins, who celebrated his 60th birthday on May 27, will leave his full-time court duties this Friday, June 20. He will, however, be continuing his duties on a supernumerary basis, sitting in his usual spot at the front of the courtroom.

Desjardins was appointed to the bench on April 15, 1981 after working seven years as a local lawyer. "I was admitted to the Bar on June 28, 1974. At that time, you had to have at least five years' work as a lawyer before being named a judge. Now, it is 10 years," he said in a recent interview.

In his first two years as a judge, Desjardins ruled over French proceedings and trials, not only in Grand Falls but elsewhere throughout the province. In February 1983, Judge W. Tomlinson retired at the age of 65 and Desjardins was named to replace him for the Grand Falls and Perth-Andover provincial courts. Judicial proceedings were also held for a while at the Plaster Rock Legion.

"It was a learning curve, giving up a law practice to become a judge," Desjardins stated. "It is quite another aspect of law to sit on the bench. You learn to hold yourself back because you are no longer in an adversarial role. You no longer need to plead your case. Lawyers are there to present their case in order to convince you to rule their way. The first years were quite an experience simply to acclimatize yourself to a new way of thinking and to be objective," he added.

"If the Crown is going to charge someone, it must prove its case beyond a reasonable doubt. We can have doubts sometimes that a person has committed something but the proof must be there. The accused's rights must be protected. There are cases where persons who were found guilty of the charges laid against them and who were later proven to be innocent. You never want to condemn an innocent person."

"I believe that with all the justice systems throughout the world, Canada can be proud of its own. It may not always be perfect, but it is more perfect than others," he said.

Travelling judge

Through the years, Desjardins' bilingual abilities have had him travel outside the province to hear various cases.

"I've been to PEI, Newfoundland and Labrador and even the Northwest Territories. I've heard cases in the Great North on at least three occasions. When I've been up there, I've done a two-week circuit. The first time, I heard a French trial in Yellowknife. I can still be called to go."

"No case is alike. For the person who is appearing before you in court, it is not a routine matter. I'm always waiting to hear pleas or arguments which are new and interesting. I never know what to expect. It makes every day interesting. Each case is different with its particular traits. As for the ultimate decision, it depends on the way the case is presented."

Desjardins has seen a variety of prosecutors and lawyers in his courtroom. "There are some who are very well prepared but their presentation is totally different. I've also had some who were very aggressive."

He was not sad when the Perth-Andover provincial court was closed in July 2007.

"The building left much to be desired," he stated. "We sometimes had trouble hearing or understanding people in the courtroom. The seats were not the most comfortable for those attending court. Sometimes, it was too hot, other times, it was too cold and it was a noisy place. Frankly, to be able to present and hear cases, it was not ideal."

The expansion of the present courtroom in Grand Falls was welcomed by the judge and the court staff after years of working in cramped space. The courtroom was recently moved into the technical age as microphones and television monitors were placed in an effort to be able to provide a videoconference system.

"Recently in Woodstock, I was presiding over a trial in which a witness in Cornwall, Ontario went to Carleton University in Ottawa and I heard his testimony via videoconferencing. He could see me as well as the prosecutor and defence lawyer; we could all see and talk to each other."

"We can also use the same system when doing a remand of a prisoner. It is done already in Miramichi and Renous penitentiary. The system can also be used with a witness, whether it is a child or an adult, a victim in a sexual assault or any other serious crime who can give his testimony in another room in the building, without having to face his agressor in the courtroom."

Desjardins is among a handful of bilingual judges who hear cases throughout the province.

"There are approximately 16 out of 28 judges (including three supernumerary judges) who are bilingual. It is an improvement over the beginning when there were about seven out of 24 judges who could hear bilingual cases," he said.

"While you may become a bit immune to some things you hear in court, I have rarely been scandalized by anything which has been presented before me. During my 27 years on the bench, whenever I've handed down a sentence or a decision, I have done so in an effort to dissuade the accused from re-offending. It all comes down to their decision whether to continue on the same criminal path or learn their lesson and change their ways. I'm certain that I have been criticized at times for being too strict or not strict enough, but you have to judge on the facts of the case itself," Desjardins stated.

"Sometimes just reading about the conclusion of a case in the local newspaper can be a deterrent to someone who was planning on committing a similar crime," he added.

Has plans

During his semi-retirement, he plans on taking vacation time in July and August. Another judge has yet to be named to replace Desjardins in Grand Falls. "I hear it may only be sometime in the fall," he said. "In September, if a judge has not yet been named, I may be asked to continue filling in until he or she is named."

"I have a week's fishing trip planned for northern Quebec and I also have a lot of work to do around the house. I would also like to do some woodwork in my workshop."

An avid reader, he also plans on catching up on his reading in his extensive library. He also plans on travelling more, as well as visiting his two sons.

"One works in China and the other in Montreal. My daughter lives here with her husband and children," he said.

"I don't have many definitive plans," he added. "I have friends and former law partners who are retired and they keep telling me there are not enough hours in a day. I intend to keep busy doing various projects."

He added he is happy to continue working as a supernumerary judge, at least for a while yet.

"I'm still young," he said. "However, after 27 years, it is enough. I'd like to have a little time to myself and recharge."

"It has been quite an experience," stated Desjardins, who in the past has been the target of a bomb threat, whose front window of his home was smashed in by a rock and who has been threatened by angry people he has either fined or sent to jail through the years."When I look back over these 27 years, with all the changes and improvements, it has been a long road. However, as we get older, it seems that time passes more rapidly. At least, it looks like that to me. I consider myself lucky to have been named to the bench in Grand Falls. It has also led to a certain isolation. There are certain activities I could not participate in that I could when I was a lawyer. However, people have allowed me to be myself. I did not have to wear a tie all the time and people call me by my first name. They treat me as part of a big family. That is what a small community does. Most of the people have understood what being a judge meant and they respected my position when I wore the judge's robe."