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John Phelps

Deputy Justice minister named to territorial court

Longtime Yukoner John Phelps has been appointed as a territorial court judge. He is the great grandson of the first-ever lawyer to settle in Whitehorse.

By Tim Giilck on July 15, 2022

Longtime Yukoner John Phelps has been appointed as a territorial court judge. He is the great grandson of the first-ever lawyer to settle in Whitehorse.

Phelps has been the territory’s deputy Justice minister. He will replace Judge Peter Chisholm, who is retiring.

Phelps’ appointment was recommended by the Yukon’s Judicial Council pursuant to the Territorial Court Act.

The council is responsible for receiving and assessing applications for the position of Judge of the Territorial Court of Yukon and is required to make recommendations to the minister of Justice respecting the appointments of judges.

Phelps attended Yukon College. He has a Bachelor of Arts from Simon Fraser University (1993) with a major in Economics and an L.L.B. from the University of Saskatchewan (1997).

“Judge Phelps is well-established in the Yukon’s legal community and brings a wealth of experience to the Territorial Court of Yukon, having worked as both defence counsel and a Crown prosecutor,” the government said in a statement Thursday.

“He is well-known as an advocate for justice in the Yukon, including specialty courts, alternative justice initiatives and for his efforts to advance restorative justice.

“His dedication to justice and the legal community is reflected in his strong record of public service, having held leadership roles with the Law Society of Yukon, the Yukon Capability and Consent Board and the Canadian Bar Association.”

Justice Minister Tracy-Anne McPhee said she was pleased to announce the appointment.

“Judge Phelps has demonstrated a deep understanding and respect for the justice system throughout a decades-long career contributing to the Yukon’s legal community,” she said.

“He has broad experience and knowledge of Yukon First Nations’ history, culture and experiences of the justice system, and has been a strong advocate for advancing reconciliation within the territory’s justice system, informed by Yukon First Nations self-government agreements,” McPhee added.

“His integrity, dedication and leadership continue to be reflected in his professional approach to public service, and I am confident that he will serve Yukoners well in his new judicial role.”

Phelps is a fourth-generation Yukoner with strong roots in the territory and legal community.

During the Gold Rush, Phelps’ great grandfather travelled to the Yukon and was the first lawyer to settle in Whitehorse.

He had a long and successful legal practice in the territory, representing individuals such as Skookum Jim and Colonel Conrad.

Phelps’ grandfather was responsible for engineering and building the Yukon’s first hydroelectric dam, which is still operational today, and he was elected to the Yukon Government Council.

The new judge’s father, Willard Phelps, also a lawyer, had a long career as an MLA and briefly served as a Conservative government leader in 1985.

Phelps lives in Whitehorse, where he and his wife have raised five children and are the grandparents of two.

Meanwhile, Premier Sandy Silver has appointed Jeff Ford as acting deputy Justice minister.

“I would like to thank John Phelps for the important leadership role that he has played as deputy minister of the Department of Justice and Deputy Attorney General of the Yukon,” Silver 
said today.

“I wish him all the best as he continues to serve the community in his new role as a judge of the Territorial Court of Yukon.

“Jeff Ford has extensive experience with justice initiatives and a strong track record as a thoughtful and inclusive leader. I look forward to continuing to work with him in his new role.”

Comments (28)

Up 7 Down 4

Justice Denied! on Jul 21, 2022 at 12:05 pm

@ Unbelievable on Jul 20, 2022 at 5:01 pm:

As you are aware these are very interesting times. There were several instances that I am aware of that involved lying to the courts, pressure to give alternate facts/versions to incarcerate individuals, pressure - political pressure to do or not do certain things, and threats and intimidation of Justice system participants.

However, it does not seem to matter what these people do as they have the power and the ability to shut down and close off any avenue of redress. It’s sad really because they are never able to refute the evidence with evidence but rather with character attacks designed to undermine the credibility of the claimant and by extension anything put forward by the claimant.

Any possibility of systems redress in this town is jealously guarded by the image makers, the wielders of an arbitrary power.

Let me think about this idea of a talk. There is ample evidence to support the writing of a book on Yukon Injustice and my contacts and evidence are solid. I am absolutely certain that once the veneer of Justice is pulled back we will find some wet, rotten, and black mouldy wood.

I heard that the last director to cycle through there was some piece of work all right… I heard that there was some interesting communication about her/they.

Up 4 Down 5

Jim on Jul 21, 2022 at 10:35 am

@woodcutter, thanks for your clarification on why your a liberal supporter. Well I’m a conservative supporter for the following reasons. I for one, had a much better life style under a conservative government than previous and current liberal governments.
For one thing, you speak of violence at the capital in February. The only violence proven was the police once the emergencies act was set in motion. Until that point the police and protesters seemed to be getting along respectfully. We have seen that the minister has shown that the Liberal government used false CBC reports to justify the emergencies act. There was no fire, no guns, no assaults by protesters. We have had fund raising confiscated and bank accounts froze again under the guise it was foreign funding, which again has been proven to be a lie by federal minister(s). We have organizers who have spent up to 5 months in jail waiting for a bail hearing. On the other hand someone who plows into a crowd of people trying to kill is out on bail in less than a week. Or how about the rail blockades that ground our economy to a halt? Did any of those individuals do any jail time? How about the attack on workers at the coastal gas link site? Multi millions in damage and attacked workers. Or the many churches burned. No suspects and no body in jail. We have a prime minister who has been found guilty of ethics violations twice. First one ever. We have had scandals galore, one right after the other. SNC, Jodie Wilson Raybold, WE scandal, embarrassed on the world stage. Just the lies, arrogance, failure to answer any questions, the droning talking points make me anything but a Liberal supporter. And because the NDP support this type of governing they are painted with the same brush in my eyes. Much like the local Liberals and NDP.
Zero consultation and closed door deals have made the Yukon very expensive to live. The Yukon could have an exemption for carbon tax on heating fuel ( NWT does ), but the Liberals much like their federal counterparts will not do anything to make fuel cheaper. So anything coming into the Yukon is more expensive as well. Tenders for projects are much higher than budgeted and even at that what seems to be the norm is the highest bid is usually the one who gets the job.

Up 3 Down 1

Unbelievable on Jul 20, 2022 at 5:01 pm

@ Denied Justice - Your comment is very interesting. As the person who laid the charges, I would sure like to talk to you!

Up 6 Down 4

Bad Judgment on Jul 20, 2022 at 9:17 am

At Community Gal on Jul 18, 2022 at 3:49 pm:

Jeff Ford served at the director level overlapping John Phelp’s tenure as Chief Crown at a time when the issues of systemic racism were at an all time high according to Supreme Court of Canada. Things had gotten worse since 1996 and reaffirmed, as the law of the land, that the lower courts and their criminal Justice system participants “must” do better (2012) in addressing the overrepresentation of First Peoples.

They were both involved in the systemically racist Prolific Offender Management program - It was systemically racist because of its laser like focus in targeting social, mental-health, and addiction issues of minorities rather than any real true crime. These individuals who were forced into the program did not fit the same type of offender profile usually placed into POM programs across the country.

The power and authority given to these people to arrest and interfere in the lives of those who were forced into the program was Gestapo like. This program did huge damage to these people causing trauma, anxiety, and other compounding issues because these people were literally followed everywhere - A disgusting abuse of power!

These were people who were disproportionately overrepresented in the jail/prison system, precisely because of their mental health, addictions and other social issues. But hey, these same people turn around and call you racist, implicitly so, because of your presumed privilege - FFS!

The Supreme Court Canada has stated that those who make others commit racist acts are racist - Absolutely agreed!

Up 9 Down 10

woodcutter on Jul 19, 2022 at 5:09 pm

@ juniper

I am a liberal supporter cause the following reasons:

I can directly account for a better life style under a liberal government than the current Yukon Party.

When they pandered to the worst elements in our society in order to gain votes. Those elements are as follows: Anti Vaxers, covid Deniers, Climate change deniers, the religious right, election violence, violence last feb at the nations capital, support for the proud boys and yellow vesters, lack of respect to the agreements made to the first nation, Daryl Pasloski reign of incompetence, social conservatism, anti-immigration, white supremacists and Flat earthers just to name a few reasons why I decided to the current conservative movement is unappealing.

Prior to Trump the conservative brand was about individual responsibility, now it's like the NDP, always crying around that the government should look after everything, except unlike the NDP the conservative brand has no compassion for the Weak, the poor, and the disadvantaged.

The federal conservative movement, with its revolving door of leadership folks, in the last election was making promises similar to the Liberals, however prior to the election they were making noise that the Conservative base wanted to hear.

So Ya, no wonder they keep loosing elections, during the period between the elections they make noise to appease the deplorable base, in order to win leadership contests and fund raise, then they switch it up at election time cause they know they need a wider voter appeal to win and mimic the platforms of other parties. Identity crisis or multi personality disorder, you choose?

The Conservative movement left me behind for their new extremists friends, I did vote for Fentie back in the day, now there was a leader who could build relationship with people. I Miss the old guy.

Up 6 Down 6

Pocket full of posies on Jul 19, 2022 at 1:51 pm

Dear Posie on Jul 19, 2022 at 11:52 am:

Ring around the roseys, pocket full of Posies… Husha, husha, we all fall down… The real plague is the wishful thinking and imaginings of Liberal minds - Perhaps, as a matter of safety for the rest of us, Liberals should have to wear those bird-beak masks stuffed full potpourri for the senseless - Yep, come on little Johnnie, we want to walk clear around that one, don’t talk to it or look it in the eye - They will lure you in with siren songs of equity and forever encumber you with the weight of their sins and yours.

Very fitting for these Liberal times. I agree that John’s affiliations should not matter but they do. This is the very essence of both judicial independence and impartiality - These issues are highly germaine to a healthy and proper functioning democracy - It is problematic to the principles of fairness and integrity - Politics are poison to the Justice enterprise.

However, this has been confused with an inappropriate Judicial Activism that has blurred the lines between the branches of government, the Executive and the Judiciary… This is dangerous and we see the results of this everywhere.

This fight has been happening in the Yukon for decades, since the opening of the Philipsen Law Centre - So, be quiet over there with your ignorance. The public record is replete with examples.

However, when you look at it through a Liberal lens sunny ways prevail and favourable winds blow in the direction of power and away from truth - Because of the politics of identity, optics, and other Liberalized chimeras.

Up 12 Down 7

Justice Denied on Jul 19, 2022 at 12:47 pm

At Unbelievable on Jul 18, 2022 at 4:30 pm:

And on top of that there is more to come! I am aware that there was ongoing criminal Justice system participant intimidation as well - We will tell you what to say to the court!

Absolutely a disaster of an appointment for sure.

Up 13 Down 7

Posie on Jul 19, 2022 at 11:52 am

Liberals, Liberals and Bla bla bla. These comment sections are reading like a conservative support group. Forget laying off the coffee. Roll up one of your legal fatties and chill.

As far as the Liberals "taking care of their own", Sounds like you have already partaken! That's the stain that won't be coming out of the sheets.

Oh, and Congrats John. I have heard good things and I don't care about your political affiliation. I believe you're a long time local and I would prefer that to another provincial implant. Yup, Yukoner right here. Glad to have you.

Up 6 Down 5

Josey Wales on Jul 19, 2022 at 11:27 am

*Sarcasm warning & trigger alert, an opinion! **

Community gal...valid points and even kinda important.
Selection process, not so much.
What I find odd is the mixed message, are we a merit based community or a one of rabid inclusion and equity...at all costs even?

When I scan, saturation of equity, obsession with pigment and not too much on those important qualities of actual qualifications or skill set appropriate. Ewe?
Since we have, not soon, slid into societal engineered lunacy...why stop at judges?
I think it is high time (pun not intended) that we find a “person” infected with the most grievances. Like many positions, mere high school with a C average good nuf. The colour wheel, of course any one but white...like duh!
Absolute requirements would be a transitional individual...again 2022duh!
ESL absolutely...sigh duh!
Canadian citizen, clearly optional preference of not.

Folks after all it is 2022, we should stand by our engineered values and apply the equity arguments, appointments etc!
Give all the citizens and visitors the opportunity to make a absolute mess outta near everything touched and tainted by our esteemed elites?
Qualifications...pffftt, how bigoted and xenophobic and so...like 90’s eh?

Up 10 Down 7

MITCH on Jul 19, 2022 at 11:15 am

A Liberal woodcutter, that's cute! Is that like a male that swims against women competitively? Here is a far right conspiracy; Your future, whether Liberal, or Conservative, looks grim. I guess that is what happens when you vote Liberal in 2021 and get an NDP/ Liberal Reich in 2022. Liberalism has a smell, like pickled cheese and smarmy condescension with a hint of failure and tumeric.

Up 7 Down 6

bonanzajoe on Jul 18, 2022 at 9:11 pm

@Bingo on Jul 15, 2022. Even lefty governments don't make mistakes electing judges. He was elected because the Silver politburo new he would be beneficial to the their agenda. So, get ready for more walking crime on the streets. Or should I say neighborhoods.

Up 16 Down 8

Unbelievable on Jul 18, 2022 at 4:30 pm

Is it coincidence he gets appointed to the criminal court right after Obstruction of Justice and other CC charges were laid against YG in a private prosecution?

Is it coincidence he gets appointed to the criminal court right after Obstruction of Justice and other CC charges were laid against WCB and some of its Board of Directors in a private prosecution? Yes, those charges even include Criminal Organization - usually reserved for gangs and drug cartels!

Is it coincidence that his old pals at the Whitehorse Public Prosecution Service of Canada office stayed all those charges without even considering the evidence? I call it Political Interference in the criminal justice system and I would put money on it that Mr. Phelps had a very significant role in having the charges stayed.

And now, the Minister of Justice's right-hand man is appointed a judge in the criminal court. How very handy. And how very timely.

I dare say there is no coincidence.

Up 12 Down 8

Community Gal on Jul 18, 2022 at 3:49 pm

It sounds like Mr. Phelps has a long list of accomplishments, a solid education and experience with both prosecution and defence. I am sure he will bring his many gifts to his new position. Congratulations!
Jeff who? What is his background and education, if any? Or is this an example of a Liberal backfill? I am underwhelmed.

Up 11 Down 5

Juniper Jackson on Jul 18, 2022 at 3:18 pm

Woodcutter: I have agreed with many of your comments. I appreciate that you are a Liberal supporter. Can you kindly tell me why? I don't see comments that say "I'm a Liberal because they ??" I am not criticizing your opinion.. just trying to understand. Thanks

Up 17 Down 5

Bill on Jul 18, 2022 at 1:45 pm

@ Woodcutter

Yes we see the integrity, ethics that abound, disregard for the rule of law, and disrespect of Liberal lawyers every time we see, or hear, "Tracy-Anne McPhee".

Amen...

Up 13 Down 34

Woodcutter on Jul 18, 2022 at 9:39 am

Lol...just look at the far out right wing conspiracy kooks go full blown wild, perhaps their minds have been overtaken by the Pierre Pellapoop madness and have no understanding of the legal system, based on laws and not party.

Wonder why there is liberal judges? Cause liberals get educated at a young age, and the Yukon party hasn't won an election in how many years and judging from their performance and history of misogyny they prob won't win the next two.

Up 23 Down 10

Amicus in Brief on Jul 17, 2022 at 8:07 pm

No Amicus (here) on Jul 16, 2022 at 1:16 pm:

You are supporting anti-democratic behaviour. It is well known and well evidenced that the current set up with the Executive and Judicial branches in the same building is not just optically problematic (which is itself a breach of Judicial Independence) but that the Executive and the Judiciary kibbitz within and around the building. There is evidence that this is done for nefarious reasons too.

Mr. Phelps’ appointment is ethically, legally, and democratically problematic.

Up 17 Down 14

Gotta Ask on Jul 17, 2022 at 7:40 pm

@Amicus. You think because they have different civic addresses that means two separate buildings and proper separation between the executive and the judicial arms of gov? Seriously? I didn’t think anyone could be that naive.
If you don’t believe there is a well-trodden path and a whole lotta sharing of info between the two sides, then hey! Want to buy my melting igloo? Get in before rates go up even more!!!
I would highly suggest you do not do any of those deep cleansing breaths while your head is in the sand like that.

Up 27 Down 20

Juniper Jackson on Jul 17, 2022 at 1:00 pm

uh huh..another Liberal cronies appointment. Liberals stack the deck, so when they get out of office, the high position appointments make it as hard as possible for a new government to function effectively. i.e. They have totally screwed up our medical care..stacked all the decision making positions with Liberals, and those Liberals passively work to either sink the project, or contribute nothing to it.. then, sit in the house and scream at the winning party for the mess medical care is. The judges will become more and more liberal, and the MLAs will sit in the house and scream, how come you're permitting this and that? Phelps is likely another Liberal pawn.

In 2016, I lived ok. My pensions covered everything, then slowly, rents went up, pensions didn't. Even dog food went up. I had to make a decision..rent? meds? heat? food? I couldn't pay for all of it. I chose to cut back on meds. After my stroke, I cut back on food. In 2019, I had to move out of my home of 20 years.

In 2017 I started tracking the Trudeau government. Not only what they were doing, but how they were doing it. Photo ops, body language, historical comments, MP histories. Recently, I started looking at the Party. Liberal voters. It's unfortunate that there are a lot of Liberal voters that think the budget will balance itself..even more that want those handouts and freebies. A sheep will come up and eat right out of your hand, even though it knows you are having mutton for supper.

Up 37 Down 16

John on Jul 16, 2022 at 3:31 pm

I am a bit astounded by this appointment. Not necessarily the individual, but the manner in which it has occurred. This is now twice where judges have been chosen from the bureaucracy. This time a Deputy Minister. This is not right under any principle of democracy. Far too close to the political (executive side) and for sure the administrative side of the government.

It raises some serious questions with respect to "judicial arms length". This one smacks of partisanship. It may not be, but it gives the appearance it is. We are getting far too many appointments lately of liberal buddies getting the golden nod for some very senior positions.

Every time this happens it further erodes trust and confirms for a lot of folks that it is not only deliberate, but really underhanded politics. That would apply to any party that behaved in this manner. However, it appears to be a golden rule of thumb for the liberals.

Up 15 Down 10

Judicial Minions of the Political Will on Jul 16, 2022 at 2:39 pm

In response to Bingo on Jul 15, 2022 at 8:30 pm:

Mr. Phelps is not a centrist he is a politico. Politics are antithetical to the principles of Justice, both big and little Jj J/justice. This is and always has been a problem with the criminal Justice system in the Yukon - It is politicized without even the optics of separation between the Judicial and Executive branches of government.

The current criminal Justice system is attempting to correct historic wrongs, while keeping their hands clean, while using the same logic of discrimination and harassment that they caused in the first place; creation of law, application of law, systemic racism and the like…

Then we have this support from a Minister who has been rejected by the people as an ethical representative of the peoples will… Nicely done… Barfff… The case of the sinister minister and the political administrator of Justice unhinged… Don’t worry though… Trudeau has diversified the Court system to promote leniency in sentencing and chaos in the public realm while publicly excoriating those with a principled application of the law… Because generally, those who identify or who may appear to be similar to the antiquated notion of ‘female’ tend to be lenient… This was intended political interference…

These are the times we live in where the operation of politics are obscured through the lazy and authoritative application of ideas such as optics, diversity, anti-racism, implicit bias, privilege and on and on…

They will look at you unblinkingly and tell you it’s for the common good. But it’s not, it is for the good of authority however to reserve systems in which the objective is to make common language inert. You would not get it because you’re not one of us…

Up 24 Down 19

Amicus on Jul 16, 2022 at 1:16 pm

@ Gotta Ask

Consider switching to decaf.
The Courts and the Administration are physically on two different civic addresses. Two separate buildings on the same block.

Deeeeep, cleansing breaths friend. Deeeep cleansing breaths.

Up 32 Down 27

Gotta Ask on Jul 16, 2022 at 8:42 am

I just have to ask YET ONCE AGAIN, why the f*** are the executive and the judicial in the same building??? Where is the separation? Do we see this anywhere in Canada other than the Yukon? NO. This is a basic tenet of democracy and the rule of law.
I will vote for any person who moves to get the executive offices (the Dept of Justice) OUT of the courthouse! Why it hasn't already been done is beyond me!
Housing the executive and the judicial in the same building does NOT accord with the PROPER administration of justice. Somebody FIX THIS!

Up 23 Down 21

Amos on Jul 15, 2022 at 11:13 pm

What does an Assistant Deputy Minister of Justice do in the course of their day to day duties?
I see he's for alternative justice alternatives. Good, bring back caning as an enlightening alternative for some crimes.
Murderers walk while addicts die.

Up 22 Down 25

Bingo on Jul 15, 2022 at 8:30 pm

I think Mr. Phelps should add some much needed centre philosophy to the out of control leftist Judiciary we have now.

Up 33 Down 28

Sharon on Jul 15, 2022 at 7:30 pm

Wow these liberals really do take care of their own huh? Making your own DM a judge?

Up 30 Down 16

Oya on Jul 15, 2022 at 6:19 pm

Oh, yes. Here we see the very distinct separation between the executive and the judiciary.

Up 20 Down 44

bonanzajoe on Jul 15, 2022 at 5:42 pm

I knew Willard Phelps personally. He was a conservative. But, I guess his son John didn't follow in his father's political ideology since he was appointed by the Liberal/NDP government. So, as far as criminal justice, he will probably be like all the other liberals.

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