Ontario Judicial Council panel dismisses complaint against Judge Donald McLeod

CBC News · June 2, 2021

A panel of the Ontario Judicial Council has dismissed a complaint against a judge who had been accused of lying about his involvement in a Black activist organization.

In a decision released on Wednesday, the four-person panel cleared Judge Donald McLeod. The panel had looked at whether McLeod committed perjury at a previous misconduct hearing into his involvement with the Federation of Black Canadians.

In 2016, McLeod founded the federation — which describes itself as a national, non-partisan, non-profit organization to advance the social, economic, political and cultural interests of Canadians of African descent.

Later, a complaint was made against him, accusing him of failing to uphold the integrity, impartiality and independence of the judiciary when he communicated with and met with politicians on behalf of the federation.

McLeod was cleared in the earlier process and now has been cleared of more recent allegations. 

Among other things, McLeod allegedly took part in a meeting and a telephone call, both which involved advocacy work.

“While we consider that both transgressions we have found could and should have been avoided, taking account of all the circumstances under which they occurred and Justice McLeod’s positive contributions to the administration of justice, we are not satisfied they were such as to diminish public confidence in Justice McLeod’s ability to carry out the duties of his office or the administration of justice generally,” the decision reads.

“We have concluded that two aspects of Justice McLeod’s conduct were incompatible with judicial office but not so seriously contrary to the impartiality, integrity and independence of the judiciary that, whether considered individually or cumulatively, they rose to the level of undermining the public’s confidence in his ability to perform the duties of his office or the administration of justice generally. We therefore dismiss the Current Complaint.”

The panel, however, cautioned McLeod to seek advice before engaging in community activities in the future.

“We hasten to add, however, that our findings in this case, as well as the findings of the First Panel, demonstrate that, in the future, Justice McLeod must exercise greater caution in his community activities,” the decision continues. 

“In a society that embraces diversity and welcomes positive change, testing unclear boundaries that place limits on otherwise positive activities may not undermine public confidence in a judge’s ability to perform their judicial function or in the administration of justice generally,” the ruling reads..

“But once the boundaries have been established, they must be respected. In the future, Justice McLeod should seek advice before engaging in community activities that are not clearly recognized as permissible.”

Source: CBC News

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POST SCRIPT – MESSAGE FROM JUDGE MCLEOD ON FACEBOOK

Sunday, 13 June 2021

A Letter to Supporters in the Community

If you are receiving this letter, it’s because you have played a part in my story over the past 3 years. Since the decision, I have received hundreds of emails and messages and I recognize that to respond to each and everyone of them will prove to be futile. This letter is my attempt to speak to those who have truly traversed this journey with me.

This letter is coming to you, not by mistake, but rather in an intentional way to say to you that I recognize what you did for me, I couldn’t have done it without you, and I am thankful. Let’s thank God from whom all blessings flow; in whom we find the resolve to stand in the face of adversity.I thank my wife and family, those who testified on my behalf as well as those who provided written and video character references. Your support never wavered and at every stage of this protracted storm you assured me that right would indeed prevail. I recognize my legal team and Dr. Wendell Adjetey. Thanks for your critical analysis, willingness to learn and courage to implement.

I acknowledge my extended family, close friends, clergy, judicial colleagues, members of the bar and court staff who refused to allow me to feel isolated. Your continued communication, advice and reassurance allowed me to navigate the process with a greater sense of confidence. Finally, the African proverb says, “it takes a Village to raise a child.” To my village, I offer my thanks and deep appreciation. Your presence gave me strength. You collectively let me know that this experience will not disqualify me from my destiny. I made it through these 36 months largely because you refused to let me feel conquered. You organized, fasted, prayed, remained vigilant and bore witness. For this I am eternally grateful. It’s my belief that we stand strongest when we can not only respect but also transcend our differences and work together to uplift our communities.

Each one of us, within the constraints of our circumstance, is called to service. And I remain privileged to be part of that call. I end with the words I often recite when speaking to people across this country. This is the Black Legacy Acknowledgment and is my way of recognizing the struggles of those who did, so we could be…“I wish to acknowledge my ancestry, a deep and profoundly relevant history of Black peoples across the diaspora. A history, lineage and inheritance that predates this country, chattel slavery, colonialism, and begins with Africa. An ancestry that recognizes struggle and survival, while honouring our narrative of pursuing self-determination. Today I stand valued, grateful and proud to be Black.”

Walk good,

Justice Donald F. McLeod