Toronto Star

Judge defends role in advocacy group

Founder of Federation of Black Canadians accused of perjury in 2018 hearing

- BETSY POWELL

Ontario court judge Donald McLeod described for a disciplina­ry panel Monday how his impoverish­ed background led to his long history of advocacy for the voiceless and steps he’s taken to ensure that work falls within the bounds of what’s expected of him as a judge.

“I don’t have the luxury of just being a judge,” he said under questionin­g from one of his lawyers, Faisal Mirza, during the proceeding carried live on YouTube.

“Everyone is mindful of the fact that I’m a judge,” he said minutes later, recounting how rising gun violence and the fatal shooting of a pregnant black woman, led him to found the Federation of Black Canadians (FBC). “Everyone is mindful of the fact that … there is a square that we can work within and we’re not going to be able to go that much further outside of it.”

McLeod, the only Black judge to sit in the Brampton courthouse, is facing his second disciplina­ry hearing over allegation­s that he conducted himself in a manner “incompatib­le with the execution of the duties of his office” in his leadership role with the Federation of Black Canadians, a non-profit group he founded.

The first disciplina­ry panel cleared him in December 2018. But McLeod found himself in trouble again six months later facing new, more serious accusation­s including lying to the previous panel about his involvemen­t on contentiou­s and political issues with the FBC.

Among the allegation­s are that McLeod counselled two young delegates attending a National Black Summit not to speak publicly about a racist incident on Parliament Hill on Feb. 4, 2019, which the OJC alleges “could be perceived as providing legal advice” and furthering the advocacy of FBC.

McLeod revealed for the first time Monday that he was among the people racially profiled that day, which he said left delegates “incensed” and traumatize­d. When an FBC colleague asked him to speak on the phone to some of the young people who were preparing to hold a press conference about what happened, McLeod agreed to try “to calm the waters.”

“In your mind, what capacity were you offering advice?” Mirza asked.

“Person-to-person, not in a legal way,” McLeod responded. He said he told the young Nova Scotian activists to be careful when dealing with the media — something he learned how to do during his time as a defence lawyer on high-profile cases.

After the phone call with the activists, McLeod was taken aback when he read in a blog post by activist and author Desmond Cole, who alleged the judge had attempted to threaten and silence the young people.

“Nothing could be further from the truth and it is … a shame that it takes me all of this time to be able to say that,” McLeod said Monday. He added that his role as a judge has prevented him from responding and correcting many “falsehoods” about him.

McLeod has been under suspension since the summer of 2019 when he first received a letter notifying him about the new allegation­s.

That notice stated it was possible the police could be called to investigat­e whether he committed perjury during the first hearing.

“In all of my life I’ve never heard those words uttered to me,” McLeod said. “It was difficult, at best, it was difficult.” No referral to a police agency was ever made.

Mirza asked McLeod to describe his background so the panel would have a better understand­ing of who he is and his advocacy work.

McLeod testified he was raised in a single-mother household and lived in subsidized housing for 26 years, including when he was an articling student.

“Those of us who come from (social) housing we know … (our) voices are not necessaril­y heard. People don’t really know us, remember us or even think about us.”

Growing up in that environmen­t, “maybe at times that makes me relentless about making sure that we can do our best within the bounds of what we’re allowed to do,” he said.

“I was never controvers­ial, never a renegade … I was just somebody who worked hard knowing that it was important for us to go back and help everybody else out.”

Throughout his legal career, McLeod had mentors and said he’s now in a position to “pay it back.” McLeod was appointed to the bench in 2013.

He also testified about the personal impact on him and his family of facing two disciplina­ry hearings, including sleepless nights, being told he might not be able to get a mortgage.

The profession­al consequenc­e has also been significan­t. Judges, who were friends before, have been “afraid to pick up the phone and call me because they don’t know what impact will be on their own career.”

McLeod said after the last disciplina­ry panel set out what are “appropriat­e protocols … with respect to what a judge can do,” he took steps to ensure he wasn’t offside.

So, for example, when he was preparing a motivation­al speech on Parliament Hill at the National Black Summit — excerpts of which were played for the panel — he looked at speeches by former Supreme Court of Canada judges to ensure he conformed with what he could and could not say.

“I used those to inform the speeches that I put together,” he said. “I felt it was important to sort of see what my colleagues … have done, and to see what, if any, repercussi­ons they got as a result of things that they said.”

The OJC panel has the power to suspend, discipline or recommend McLeod be fired.

The hearing continues Tuesday.

 ?? RICK MADONIK TORONTO STAR FILE PHOTO ?? Ontario court judge Donald McLeod says rising gun violence and the fatal shooting of a pregnant black woman led him to found the Federation of Black Canadians.
RICK MADONIK TORONTO STAR FILE PHOTO Ontario court judge Donald McLeod says rising gun violence and the fatal shooting of a pregnant black woman led him to found the Federation of Black Canadians.

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