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NWT top judge calls it a career
John Vertes's still haunted by Giant Mine bombing case

Terrence McEachern
Northern News Services
Published Friday, June 17, 2011

SOMBA K'E/YELLOWKNIFE - It was a job offer with a law firm and the prospect of a two-year adventure that brought John Vertes to Yellowknife in 1977.

NNSL photo/graphic

After 34 years in the North as a lawyer and a judge, Senior Judge John Vertes is retiring from the Supreme Court of the NWT on June 30. - Terrence McEachern/NNSL photo

Now, after 34 years in the legal profession and the last 20 as a Supreme Court judge, Vertes is calling it a career - 14 years before the mandatory retirement age of 75.

"There's too much danger of over-familiarity with the people, and I think for the bar, for the lawyers and the public, probably a danger of looking at me as the same old thing after 20 years on the bench," said Vertes June 9 in his large, bright second floor office in the Yellowknife Courthouse, overlooking 48 Street.

"I was fortunate to have been appointed at a relatively young age, and I think after 20 years it's time for some fresh blood on the court, fresh outlook and fresh leadership."

Vertes was born in Budapest, Hungary, in 1950. He graduated from York University's Osgoode Hall Law School in 1975 and was called to the NWT bar in 1977. After 14 years working in private practice, mainly in criminal and civil law, he was appointed to the Supreme Court in 1991. Since then, he was also appointed to the Court of Appeal of the NWT, the Yukon Court of Appeal, the Supreme Court of the Yukon Territory, the Nunavut Court of Justice and the Nunavut Court of Appeal. He became senior judge of the Supreme Court of the NWT on Jan. 1, 2008.

Over that time, Vertes has seen advances in communications and travel from an isolated community to a more populated city with a transient population. Along with this change has been an increase in volume in certain types of crime - violence, crimes using weapons, and especially drug trafficking and the prevalence of "hard" drugs such as cocaine and crack cocaine.

"Back 30 years ago, it would have been very rare to find drug crimes out in the communities. There's no community that's immune from it now."

Since joining the Supreme Court, Vertes has been at the heart of many high profile and emotionally-charged cases in the North. He said there aren't too many cases that have bothered him on a personal level. Rather, he said what does bother him is the frustration and sense of futility that comes from seeing the same types of cases over and over again with nothing appearing to change.

In particular are crimes of violence and sexual assaults committed by young males, who, if sober and working, are otherwise decent individuals. He said when factors such as alcohol abuse, unemployment, a lack of sufficient education and a disconnection from their traditional way of life arise, an attitude is adopted that views women as "fair game."

"Even though the communities recognize this as an issue and a problem, they see their young men going away to jail, they see their young women being victimized. What frustrates me is that I don't see anything changing," he said.

Vertes admitted one case has affected him more than others - the Sept. 18, 1992 Giant Mine explosion, which killed nine miners. Vertes, a newly-appointed judge at the time of the incident, didn't preside over the criminal or civil trial; however, he was involved in the civil case, issuing several judgments leading up to the trial. He said the case affected him for the same reasons it affected many others living in Yellowknife at the time: everyone knew somebody that was involved - whether it was the deceased, their families or the striking workers.

"It tore the town apart, and I don't think the town has healed ever since," he said. "I think it affected this town far more than people are willing to realize (and) to recognize."

Vertes's last day on the job is June 30. He's planning to move to Calgary with his wife, Louise, to teach law part-time at the University of Calgary. He's also remaining with the courts as a deputy judge to fill in on cases in the North as needed.

Even though he's retiring early, he said the job of a Supreme Court judge has been rewarding for its intellectual challenges and for the service judges provide by having a decisive role in resolving public disputes.

This comes with the weight of responsibility to the accused, the complainants and the community. For Vertes, the most difficult cases for a judge involve family law and child custody cases.

"Here you're affecting the lives of this family and these children potentially for the rest of their lives ... and you have to make a decision," he said.

Thomas Boyd, admitted to the NWT bar two years before Vertes in 1975, has known Vertes through the years as both a lawyer and a judge. He described Vertes as well-prepared and as having a strong intellect. In particular, he recalls how Vertes was able to interpret complex information, especially DNA evidence when it first started appearing in criminal cases in the early 1990s.

"It's a loss for the legal community because to attract and retain somebody of that ability is good for the profession," Boyd said.

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