Hearing for judge accused of perjury over Black federation role set for December

TORONTO — A judge accused of lying about his involvement in a Black activist organization will face a disciplinary hearing starting next month, the Ontario Judicial Council has announced.

The four-person panel will delve into whether Judge Donald McLeod committed perjury at a previous misconduct hearing into his involvement with the Federation of Black Canadians. McLeod was cleared in the earlier process and denies the current unproven allegations.

If the complaints are proven, the panel could impose punishment up to suspension with or without pay. It could also recommend to the attorney general that McLeod be forced from the Ontario court bench.

In its notice of hearing filed earlier this year, the council alleges the judge behaved in a manner “incompatible with the due execution of the duties of his office.”

The earlier hearing focused on McLeod’s involvement with the non-profit federation, which advocates on legal and policy issues affecting the community. Key was his role in the group’s advocacy related to a Somali child refugee, Abdoulkader Abdi.

In December 2018, the panel dismissed the complaint based on an agreed statement of facts and McLeod’s evidence that he was no longer involved in Abdi advocacy. That wasn’t true, the new complaint alleges.

Among other things, McLeod is alleged to have either arranged or taken part in a meeting with then-refugee minister, Ahmed Hussen, on the federation’s behalf. 

“Contrary to his evidence at the hearing, Justice McLeod was involved in (the federation’s) efforts in this regard,” the hearing notice states. “In light of the above, His Honour committed perjury and/or misled the hearing panel regarding his involvement in the Abdi case.”

Similarly, the notice alleges the judge resumed his leadership role during which time the federation sought funding from government and met various officials.

It also says he spoke at a political summit in Ottawa in February 2019. At one point, a security guard ordered a group of Black attendees to leave the Parliament Hill cafeteria in an allegedly racist incident.

McLeod, according to the notice, counselled two witnesses against speaking out about the incident which, the complaint asserts, amounted to giving legal advice or using his position to influence them.

Overall, the complaint alleges, McLeod’s conduct could undermine public confidence in the judiciary.

In his response, the judge maintains his meeting with Hussen in January 2018 was not about Abdi. He also states the allegations are based on claims from people who did not directly witnesses the various events.

“The evidence will show Justice McLeod did not commit perjury or intentionally mislead the 2018 hearing panel,” his response states. “(He did not) engage in impermissible advocacy or lobbying, or attempt to pressure or intimidate two youth delegates.”

McLeod says the earlier panel recognized that racialized judges “legitimately feel and act upon a moral obligation to serve as leaders and role models” in their communities.

His return to the federation in a “limited capacity” was in line with the panel’s decision and his advice to the youth delegates about the cafeteria incident was based on his personal experience as a Black man, he says. 

“The choice not to investigate this matter thoroughly led to a notice of hearing that contains unnecessary allegations,” his response states.

The hearing panel will comprise an Appeal Court and a Superior Court justice, a lawyer and a community member.  

The virtual hearing, scheduled for 20 days over three weeks, is set to begin Dec. 7 and will be open to the public.

Several groups of Black Canadians have called for the misconduct charges to be dropped.

This report by The Canadian Press was first published Nov. 25, 2020.

Colin Perkel, The Canadian Press