Black judge’s work for advocacy group not improper, hearing told
Council alleges public’s view of impartiality could be harmed
Finding a Brampton judge guilty of misconduct over his involvement with an advocacy group for Black Canadians will undermine public confidence in the justice system and discourage people from applying to become a judge, his lawyer said at his discipline hearing Tuesday.
Ontario Court Justice Donald McLeod, who was appointed to the bench in 2013, is facing an allegation of judicial misconduct before the Ontario Judicial Council over his role with the Federation of Black Canadians, a national organization whose interim steering committee McLeod chaired be- tween 2016 and this year.
In that capacity, McLeod facilitated meetings between the federation, experts and politicians to discuss issues facing Black Canadians, the discipline hearing was told.
The council, an independent body that investigates and disciplines provincial court judges, alleges that McLeod’s role with the federation could negatively affect the public’s perception of his independence and impartiality as a judge.
“In balancing the relevant considerations, one cannot ignore the urgent needs and circumstances of the Black community or the role properly played by a racialized judge such as Justice McLeod,” his lawyer, Mark Sandler, told the four-person panel during final submissions Tuesday.
A finding of misconduct, or an “overly broad finding” that judges cannot engage in similar community activities, “will undermine confidence in the administration of justice,” Sandler said.
Both sides agree that McLeod’s activities were non-partisan and that he did not participate in fundraising.
Presenting counsel Linda Rothstein said there’s no question that judges can — and are encouraged to — participate in community activities, as long as they are not “incompatible” with their judicial office.
The “critical boundary” in this case, she said, is between educating politicians and advocating for particular policy outcomes and a commitment for resources, which Rothstein said is the equivalent of lobbying.
The panel, chaired by Ontario Court of Appeal Justice Robert Sharpe, will release its decision at a later date.