KENORA, ON — The retirement of a Kenora-based justice of the peace means that a hearing into allegations of misconduct in the courtroom will not proceed.
Ontario's Justices of the Peace Review Council was scheduled to hold a hearing in January into whether any misconduct by Robert McNally actually occurred, and, if so, whether it constituted judicial misconduct.
McNally has decided to retire effective Dec. 31, 2018.
None of the allegations against him have been proven.
In announcing the hearing earlier this fall, the review council summarized the alleged misconduct as follows:
"Between Aug. 1, 2017 and September 30, 2017, His Worship 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."
The review council has the power to impose a range of sanctions for misconduct, ranging from a reprimand to a recommendation to the Attorney-General that a JP be removed from office.
In a notice posted on its website, the council says the January hearing will be cancelled once it receives confirmation that McNally's retirement has taken effect.
