Choosing the right words is important. It’s not simply political correctness; rather its showing respect for fellow humans, removing biases and forming clear pictures to both sides of what we mean. The wrong word or action, even with good intentions, can trigger wrong images and emotions.
Some words have a false or a corrupt history that we have forgotten over the years, like ‘Indian,’ ‘Redskin’ or ‘Squaw.’ Even ‘chairman’ generates a male only leadership image. A Judge represents a collection of cultures, races, genders, and such must be aware of language and history. Indians were never from India. The words tend towards generalizations, false images and beliefs or references to difficult histories. It denigrates a segment of our country.
There are some words that send confusing messages. ‘It’s My Body’ is interesting. It appeals to anti-vaxxers but not pro-choicers. The anti-maskers and vaxxers speak of freedom. But the requirement is not about individual rights; rather, it’s about their freedom to kill others, by spreading the disease. We over-react to ‘Defund the Police,’ it’s designed to draw attention and not solely to eliminate police services. Many see it as a need to re-adjust their role for our modern society. Some words we need to avoid because of an evil history such as slavery, or b_tch as a dehumanizing term. Yet, sometime we need to relax and see a wider explanation for their use – simply to provoke debate.
As a Judge, I was aware of the need to avoid even an appearance of bias in my comments. I had to be trusted as objective. However, I too unintentionally could err. There was a case involving a young Nigerian man charged with Immigration Fraud. It was alleged he was escorting a young mother and using false papers for her to gain entrance to Canada. For $20,000 certain crime syndicates would offer these personal services. At the airport’s Customs he was found carrying the woman’s false papers.
His defense was that he met her on the plane, saw her with a baby and wanted to help. In summing up the defense, to make sure I understood it, I said “What you are trying to tell me is that you were acting as a ‘White Knight.” I immediately realized the alternative image I had created. Black is bad and white is good. My words took me back to my childhood of cowboys and tales of black knights, the good guys in white and the bad in ones in black. I quickly apologized. Judges must understand they represent the voice of all people equally, Black, White, Brown etc. without any words that may be conceived as bias.
In dealing with words or even actions, it is very easy to generate mixed feelings even when not intended. I too, have experienced this unintentional reverse messaging. Occasionally, on public transit some younger person, usually a woman, offers me their seat. Now I don’t see myself as an old stumbling man; rather, my self-image is a grey-haired gentleman looking a frisky 50 with a bit of backache and lines of wisdom. Actuality, without my glasses I look much younger in the mirror. The wrinkles disappear. I appreciate the offer of a seat and the persons thoughts yet I feel inwardly offended especially if the person appears older than I see myself I find it challenging, If I say no thank you, I have likely embarrassed their kindness. If I accept, I effect my self-image. There is no answer here. What I am saying to those who attack political correctness is that sometime we must understand and not over-react. At the same time there are words that are totally inappropriate considering their history or purpose.
Judge Lloyd Budzinski retired after 28 years and was a former Crown Attorney, Defence Counsel and Ontario’s Assistant Deputy Minister of Criminal Law. He was Chief Prosecutor in the trial of ex-RCMP officer Patrick Michael Kelly, found guilty of murder for throwing his wife from a 17th floor Etobicoke balcony in March 1981. He can be reached at lbudzinski@talkjustice.info