A Judge's Escape: How a Senior Ontario Justice Avoided Punishment for Misconduct

It’s a peculiar twist of fate, isn't it? A story where the very arbiter of justice manages to slip through the cracks, avoiding the consequences of his own misconduct. That’s precisely what unfolded with Justice Donald MacLeod, a senior figure within the Ontario Court of Justice, who, after being found guilty of what the system itself called "disgraceful conduct," decided to retire. His timing? Impeccable, at least for him – just before any real punishment could be handed down.

You see, the allegations against Justice MacLeod were quite serious, painting a picture of a man who seemingly misused his position of power. The Ontario Judicial Council, after a thorough review, determined that he had engaged in inappropriate behaviour with two different women: a court reporter and a law student. The incidents, which spanned late 2018 and early 2019, were particularly troubling because they occurred right there in his courthouse chambers, a place that should absolutely be a sanctuary of professionalism and respect.

Imagine the scene: in separate instances, Justice MacLeod was found to have touched and kissed these women without their consent. The panel investigating these claims didn't mince words, calling his actions "disgraceful conduct" and noting that he failed to uphold the high standards expected of a judge. They found his conduct demonstrated "a lack of judgment and integrity," which, let’s be honest, are two non-negotiables for anyone holding such a critical public office. He was meant to be a paragon of the legal system, not a violator of trust.

The Council also delved into his overall conduct, finding that he had, on multiple occasions, acted in ways that fell short of the Code of Judicial Conduct. This wasn't just about a single lapse in judgment; it seemed to be a pattern of behaviour that raised serious red flags about his suitability for the bench. The report explicitly stated that his actions "violated the personal and professional integrity of the complainants," a statement that really drives home the impact of his behaviour.

But here’s the kicker, the part that truly leaves a bitter taste: Justice MacLeod chose to retire on April 1st. While this might seem like an innocuous date, it was strategically significant. Because he stepped down, the Ontario Judicial Council, despite having found him guilty of judicial misconduct, found itself unable to impose any sanctions. The system, designed to hold judges accountable, simply couldn't touch him once he was no longer a judge. It’s a loophole, plain and simple, that allowed him to walk away from disciplinary action entirely.

The whole situation really makes you wonder about the integrity of the judicial system itself when its own members can seemingly bypass consequences for serious breaches of conduct. While the Council’s decision did include a recommendation that he not be eligible for re-appointment to any judicial office in the future – a small consolation, perhaps – it doesn't erase the fact that he faced no formal penalty for his actions as a sitting judge. It’s a frustrating outcome, a stark reminder that even within our justice system, there can be ways for those in power to evade full accountability.