KENORA, Ont. — A formal hearing has been called into allegations about Justice of the Peace Robert McNally's behaviour during court proceedings last year in Kenora.
The Justices of the Peace Review Council, an independent body, has scheduled a hearing for January 2019 as a result of three complaints.
The decision follows an initial investigation into the complaints that was carried out by a committee established by the review council.
The hearing will determine whether or not the alleged conduct occurred and constituted judicial misconduct.
None of the allegations have been proven. In announcing the hearing, the review council summarized them as follows:
"Between Aug. 1, 2017 and Sept. 30, 2017, (McNally) made comments in the courtroom that could be perceived as: racist, culturally insensitive, and ridiculing or mocking toward First Nations persons; sarcastic, condescending, demeaning and sexist toward counsel and accused persons; and, inappropriate or gratuitous humour and disrespect for the administration of justice. His Worship failed to be, and be seen to be, impartial and objective."
One of the matters under review was raised last year, when Nishnawbe Aski Legal Services and Grand Council Treaty # 3 complained to the Justices of the Peace Review Council about a comment McNally had allegedly made in bail court.
According to a court transcript, the following exchange occurred between McNally and duty counsel Shannon McDunnough, who is Mi'kmaq:
THE COURT: Sometimes I think we're in the middle of a Benny Hill [the late British comedian] set here. Nobody knows who Benny Hill is.
MS. MCDUNNOUGH: Well, I, I laughed, Your Worship.
THE COURT: I know, I saw that.
MS. MCDUNNOUGH: I, I know Benny Hill.
THE COURT: Your ancestors probably scalped him or something.
The complaint letter stated that "obnoxious and racist language" had been used against an Indigenous female lawyer...that was a direct insult to her, to Mi'kmaq persons and to Indigenous persons in general."
If it decides a justice of the peace has engaged in judicial misconduct, a hearing panel consisting of a judge, a JP and a community member has the power to issue any of the following sanctions either singly or in combination:
- a warning
- a reprimand
- an order to apologize
- an order to take specified measures such as education or treatment
- suspension with pay for any period
- suspension without pay, but with benefits, for up to 30 days
It may also recommend to the Attorney-General of Ontario that a justice of the peace be removed from office.
Pending the outcome of his hearing, McNally is not being assigned work, but continues to be paid.
His lawyer, Howard Rubel, is currently unavailable for comment, but he told the Toronto Star "His worship is overwhelmed by, and very grateful for, the strong outpouring of support from so many members of the community where he sits, and the court participants he has worked with on a daily basis."
