The Better Part of Average

• Author: Patrick Healy
• Pages: 97-103

[97]

The Better Part of Average

Patr iCk he aly

I

   concern ing alleged mi sconduct of a judge, Justice G onthier

of the Supreme Court of Canada commented th at “[e]thical rules a re

meant to aim for perfection.”1 No rules can sec ure perfection, of course,

and the reason that they a re attempted at all is the need for an accept-

able measure of discipline am id abundant imperfection. This i s as true

of jurists (law yers or judges), in all their dimensions, as it is of any group.

Within it, and in var ying degrees, are the Good, the Average, and the Bad.

Although the community of jur ists remains relatively smal l, the dis-

tribution of quality is uneven. Demand is high, supply is mixed, and you

can’t always get what you want or what you need. But the expectation of

quality remains. A patient who seeks medical care expect s that her phys-

ician will g ive her the best care available. (Do you want your brain oper-

ated upon by a mediocre surgeon?) A car owner who seeks ma intenance

and repairs expect s the highest level of skill. (Do you want your car f‌ixed

by a mechanic without proven skill and ex perience?) A parent who seeks

a good education for her child expects a high level of teaching prof‌iciency.

(Do you want your child taught by a person who cannot read, count, or

spell?)

1 Ruf‌fo v. Conseil de la magistrat ure, [1995] 4 S.C.R. 267 at par a. 110.