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Justice for Justice McLeod’s Campaign in full effect

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BY PAUL JUNOR

The last two years have been particularly challenging and difficult for Justice Donald McLeod. Having been called to the Bar in 1988 and appointed to the Ontario Court of Justice in September 2013, he has been suspended for over a year now. In many ways, he has been a pillar of the black community and has been involved in positive leadership and mentoring youths. As the founder of 100 Strong Black Men, Stand United Canada and the Federation of Black Canadians (FBC), he has received many awards for his outstanding community contributions.

It was his leadership role with the FBC that triggered questions about potential conflict of interest with respect to his political involvement as a member of the judiciary in 2018. Desmond Cole in a blog on February 27th, 2018 about the FBC, “Raise serious questions about ethics and conflict of interests.” On February 27th, 2020 concerns were brought up about the FBC’s connection to the Liberal party. In a subsequent, Toronto Star article written on February 28th, 2018 article titled, “Black advocate must put cause ahead of career,” he was critical of the role of the FBC and Justice McLeod’s role as fostering, “The strong appearance of conflict of interest and partisanship.”

On November 30th, 2020 a hearing was held by the Ontario Judicial Council to investigate a complaint that Justice McLeod failed, “To uphold the integrity, impartiality and independence of the judiciary who he communicated with and met with politicians on behalf of FBC, inappropriately used the power and prestige of his judicial office to advance the interests of the FBC and lent the prestige if the judicial office to FBC fundraising.” (as reported at https://www.ontariocourts.ca/ocj/files/ojc/decisions/ 2018-molead-EN.docx).

There was much community support galvanized with 5,000 signatures at the Justice for Justice MacLeod Facebook page. It states, “We support the total dismissal of all allegations against Honourable Justice McLeod.”

The hearing was held over a four-day period in front of a four-person committee from November 30th to December 4th. On December 20th, 2018 there was the dismissal of the complaint by the Judicial Council.

Unfortunately, there have been additional allegations against Justice McLeod (as reported by www.thewhig.com on March 11th, 2020) He is facing allegations of perjury for his role with the FBC at the first hearing. The details of the allegations can be seen at www.ontariocourts.ca. He has been suspended with pay and is not presiding as confirmed by Jill Arthur, Court of Justice Communications Officer in the October 3rd, 2019 edition of Law Times.

Kahmaria Pingue has started an online petition at change.org titled, “Back in the RING Again: We are demanding Fair Treatment for Justice McLeod.” The petition states, “In our view, these new allegations, undermine trust between the community and our public institutions. We are concerned that the establishment is placing one if the few black judges of the Ontario Court of Justice under disproportionate scrutiny.” The petition acknowledges his invaluable contribution to the black community. It notes, “The allegations diminish and tarnish the important and appropriate role that black leaders, including judges can play in their communities.”

The hearing started on December 8th, and Day 5 continued on December 14th. Twitter activists played a role in attacking the work of Justice Donald McLeod. He stated that, “Their myopic worldview threatens the Justice McLeods of the world: individuals who are beloved and respected by ordinary black people for remembering where they came from after achieving improbable success.” He concludes that, “Justice McLeod’s predicament has all the signs of a cause de jure in today’s media environment. Who knows if it will get the attention it deserves. Hopefully the eventual outcome actually strengthens, rather than hinders, the potential for diversity in Ontario courts.”  Jamil Jivani (National Post, December 4th, 2020)

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