Controversial judge suspended
Justice Donald McLeod not in courtroom nine months after being cleared of misconduct allegations
A controversial but celebrated judge is under suspension, nine months after being cleared of misconduct allegations for advocating on behalf of a black Canadian organization he founded.
Justice Donald McLeod, 51, has not presided in his Ontario Court of Justice courtroom for the last seven weeks said Jill Arthur, communications officer for the Ontario Court of Justice and a former Crown attorney.
“The Court cannot comment further,” she added.
McLeod’s lawyer, Frank Addario, confirmed his client is not sitting.
“The situation is frustrating but we are being patient,” he said in a statement on Wednesday. “When the time comes, we will speak loud and clear about what took place. But right now, everyone who should be explaining the situation is legally prohibited from doing so,” stated Addario, a prominent Toronto lawyer and former president of the Criminal Lawyers’ Association.
McLeod was en route to New York City Wednesday evening where he’ll receive a ‘Most Influential People of African Descent’ lifetime achievement award on Friday.
Last year McLeod, who was appointed to the bench in 2013 after a distinguished 15-year career as a defence lawyer, was accused of failing to uphold the integrity, impartiality and independence of the judiciary when he met and spoke with politicians while representing the Federation of Black Canadians.
In December 2018, members of the Ontario Judicial Council dismissed the complaint, adding that McLeod “was motivated by laudable goals, entirely consistent with the public interest.”
Although McLeod’s actions were “incompatible with judicial office,” they did not undermine “the public’s confidence in his ability” to act as a judge, the ruling concluded.
“The advocacy and political activity that Justice McLeod engaged in were not prolonged and they were conducted in a measured and respectful manner,” the ruling stated.
“Prior to this decision, there may have been a lack of clarity about when a judge crosses the line into impermissible advocacy and political activity,” the ruling stated.
The FBC, founded by McLeod in 2016 after the fatal shooting of an innocent, pregnant black woman in Toronto, is described as a non-profit organization that advances the social, economic, political and cultural interests of Canadians of African descent.
Black activist, columnist and blogger Desmond Cole said McLeod’s role with the organization and his judicial position “raises serious questions about ethics and conflicts of interests” and that the FBC “was a thinlyveiled front for partisan Liberals.”
Cole’s criticisms continued this year and appear to be a driving factor in the latest development involving McLeod.
Cole wasn’t available for an interview when contacted by the Toronto Sun.
The December judgment described a meeting chaired by McLeod between black community leaders and Prime Minister Justin Trudeau in June 2017 to “discuss the mental health, corrections and education challenges black people face in Canada.”
“This decision clarifies the issue of advocacy and political activity by judges and defines a boundary that all judges must respect in the future, however laudable their motives,” a summary by the council stated.