Can judges engage with politics?
Justice who founded Black Canadians group faces disciplinary hearing
Did a Brampton judge cross the line through his involvement with an advocacy group for Black Canadians while still presiding over cases? And is that line for judges even clear?
The questions are at the heart of a discipline hearing that began Friday in the case of Ontario Court Justice Donald McLeod, a founder of the Federation of Black Canadians and former chair of its steering committee.
“This case is about whether a sitting judge can engage with politicians on behalf of a nonpartisan organization, such as the Federation of Black Canadians, in pursuit of political objectives, putting aside how laudable those objectives may be,” said presenting counsel Linda Rothstein, the outside lawyer tasked with presenting the case against McLeod to the fourperson discipline panel.
“This case is about where one draws the line between political participation and education as opposed to advocacy, and, indeed, lobbying.”
The Ontario Judicial Council, the independent body that investigates and disciplines provincially appointed judges, has alleged that McLeod’s role with the federation could negatively affect the public’s perception of his independence and impartiality as a judge.
In 2016, McLeod agreed to be the chair of the federation’s interim steering committee, until the organization was up and running. In this capacity, he chaired meetings in 2017 between the federation, politicians, including Prime Minister Justin Trudeau, and other community members and experts, according to a statement of facts filed at the hearing.
Some of the topics discussed included mental health resources, educational challenges facing Black Canadians and the over-representation of Black people in the justice system.
McLeod, who testified at his discipline hearing, was adamant that they were trying to “educate” at those meetings, and not try to actively change government policy. In other words, he said he was not lobbying, although he agreed that it could be perceived that way.
“This was an education process. We were not there to say, ‘If you don’t do this, we’re not going to vote for you,’ ” McLeod said on the stand in front of a packed hearing room.
“When this complaint came, it was the first time that I realized people actually thought I was trying to be partisan,” McLeod said. “I’m just trying to make sure that this community doesn’t keep dying.”