Justice of peace accused of ‘mocking’
Alfred (Budd) Johnston allegedly bullied woman in a Toronto traffic case
A Toronto justice of the peace, who gained notoriety after being suspended in 2014 for tossing dozens of traffic cases because the prosecutor was about a minute late, is again facing a discipline hearing.
This time, Alfred (Budd) Johnston is accused of failing to assist a self-represented defendant in provincial offences court in 2016, and of being “condescending, sarcastic, bullying and mocking toward her,” according to a notice of hearing from the Justices of the Peace Review Council, the independent body that disciplines JPs.
The discipline hearing is set for June 7, the same day as the Ontario provincial election.
According to the notice of hearing, when the defendant tried to make an application for a stay of proceedings in her case of driving with a cellphone, due to a lack of disclosure from the prosecution, Johnston appeared to deliberately feign ignorance of the landmark Supreme Court of Canada case dealing with disclosure.
“As if baiting the defendant to demonstrate her lack of understanding or to mock her, rather than explaining the meaning of the case to her,” according to the notice of hearing, which lays out the judicial misconduct allegations.
“When the defendant became frustrated with His Worship’s sarcastic and mocking tone, His Worship suggested that the arguments the defendant was attempting to make were usually presented by lawyers, thereby demonstrating a preference for legal representation.”
The allegations haven’t been proven.
Justices of the peace, who earn about $132,000 a year, are appointed by the provincial government. They preside over bail hearings, authorize search warrants and conduct trials in provincial offences court, which deals with non-criminal charges, among other duties.
The last time Johnston found himself in the JP Review Council’s crosshairs, he was slapped with a seven-day suspension without pay for throwing out 68 traffic cases because the prosecutor was 71 seconds late.
“Warnings, reprimands, education or treatment are simply insufficient or inapplicable to remedy the misconduct,” the discipline panel said in 2014. He was also ordered to apologize to another self-represented defendant, after the panel found he “demonstrated an arrogant and sarcastic attitude.”
Johnston admitted to misconduct in both cases. In each, he cited ongoing heart problems and the breakup of his marriage as “context” for his behaviour. His discipline hearing in June is the latest in a string of conduct issues facing the Ontario justice of the peace bench this year.
Earlier this month, Toronto JP Tom Foulds was fired by the provincial government over a conflict of interest in a criminal case; Newmarket JP Adele Romagnoli was ordered in March by a discipline panel to take additional training on basic principles of law, after she agreed she failed to “know, apply and maintain competence in the law”; ex-Durham region JP Errol Massiahwas fired in 2015 for sexually harassing women at the Whitby courthouse.