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Notice of Public Hearing into a Complaint about the Conduct of His Worship Errol Massiah, a Justice of the Peace

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Pursuant to section 11(15) of the Justices of the Peace Act, R.S.O. 1990, C. J.4, the Justices of the Peace Review Council is holding a formal hearing into a complaint about the conduct of Justice of the Peace Errol Massiah of the Ontario Court of Justice. The hearing will continue with preliminary motions at 10:00 a.m. on Wednesday, April 9, 2014 at Neeson & Associates, 141 Adelaide Street West, Suite 1108 – Room 7, Toronto, Ontario. 141 Adelaide Street is located at the south-west corner of Adelaide and York Streets in Toronto.

The decision to order a hearing was taken following the investigation of the complaint in accordance with the Review Council’s complaints process. A three-person complaints committee, consisting of a judge, a justice of the peace, and a community or lawyer member, investigated the complaint and ordered that a formal hearing be held.

Pursuant to section 11.1(1) of the Justices of the Peace Act, the Honourable Chief Justice Annemarie E. Bonkalo, Chair of the Review Council, established a hearing panel from the members of the Council, composed of a judge who shall chair the panel, a justice of the peace, and, a community member, to hear the matter. On February 20, 2013, one member of the Panel recused herself. The Chief Justice appointed a community member to the Panel to address the vacancy.

The Hearing Panel will consider the allegations summarized below:

Between May 30, 2007 and August 23, 2010, at a municipal courthouse His Worship engaged in a course of conduct, including inappropriate and/or offensive conduct and/or comments towards female court staff, prosecutors and defendants resulting in a poisoned work environment that was not free of harassment.

The Panel has been asked to determine whether His Worship’s acts individually and/or collectively constitute judicial misconduct and whether there is a pattern of inappropriate conduct toward women in the justice system.

Hearings of the Review Council are normally held in public and the dates and times of the hearings are posted on the Council’s website. After concluding its hearing of the matter, pursuant to section 11.1 of the Justices of the Peace Act, the hearing panel may dismiss the complaint, with or without a finding that it is unfounded, or if it upholds the complaint, it may decide upon any one of the following sanctions singly or in combination:

  • warn the justice of the peace;
  • reprimand the justice of the peace;
  • order the justice of the peace to apologize to the complainant or to any other person;
  • order the justice of the peace to take specified measures such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;
  • suspend the justice of the peace with pay, for any period; or,
  • suspend the justice of the peace without pay, but with benefits, for a period up to thirty days.

The Council may also make a recommendation to the Attorney General that the justice of the peace be removed from office. This sanction stands alone and cannot be combined with any other sanction. Under section 11.2(1) of the Justices of the Peace Act, a justice of the peace may be removed from office only by order of the Lieutenant Governor in Council.

Please note that the Justices of the Peace Review Council does not permit the use of photographic, audio-visual or recording devices in the hearing room.

Any person who wishes to bring a preliminary motion is requested to contact Presenting Counsel, Ms. Marie Henein of Henein Hutchison LLP, 445 King Street West, Suite 202, Toronto, Ontario M5V 1K4. Telephone: 416-368-5000.

General Contact: Ms. Marilyn E. King, Registrar, Telephone: 416-327-5672.

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