This is the first post in what I hope to be a series of posts sharing with readers the toxic and dehumanizing Anti-Black Racism and Discrimination I experience in my work as a lawyer in Ontario, Canada regularly.
Some years ago a Justice of the Peace facing judicial misconduct allegations was
referred to me by another judicial officer. He was referred to me because of my
knowledge in the Human Rights Code and constitutional law. That Justice of the Peace
is now Former Justice of the Peace Errol Massiah. He so happens to be Black. He was
removed from office and denied the rights and privileges of fundamental laws in
Ontario available to everyone else and especially White Justices of the Peace.
For example, he was penalized twice for the same offence. In March, 2012 a Hearing Panel of the Justices of the Peace Review Council(JPRC) suspended him for 10 days for judicial misconduct which involved failing to be sensitive to gender boundaries with staff. The Chief Justice of the Ontario Court of Justice further ordered him to take gender-boundary sensitivity training. He was on the verge of completing the sensitivity training when additional allegations were brought forward.
The problem with the additional allegation was they all pre-dated the March, 2012 disposition for which he received a 10 day suspension and the gender-boundary sensitivity training. It is difficult to understand how the JPRC and its Presenting Counsel could not see the abuse of process inherent in these facts. Presenting Counsel's Notice of Hearing even had a count which asserted "your prior history of judicial misconduct of a similar nature at a different courthouse".
What did Former Justice of the Peace Massiah do ?
He said things like: "Looking good today B", "Girl, you're looking good today", "Oooh lady in red".
This is to be contrasted with what a White Justice of the Peace who was not removed from the Bench said to a court-clerk in open court in and around the same time. He actually stated: "Madame clerk I am ready for my blow-job now". The White JP said it was a joke. The White Justice of the Peace also made it a habit to hug and kiss court staff. The differential treatment is mind-boggling to say the least. It is fine for the White JP to ask for a blow-job in open court and hug and kiss court staff but a Black JP can not compliment court staff. And if the Black JP's lawyer should take issue with this double-standard simply refer him to The Law Society of Upper Canada.
Did Anti-Black Racism play a role in Former Justice of the Peace Massiah's removal from judicial office ?
I believe it most certainly did. I said so during the hearing and I maintain that position today. The Hearing Panel referred me to The Law Society of Upper Canada. The Chair of the Hearing Panel stated "Mr. Guiste made comments to suggest that this Panel was discriminating against Mr. Massiah and his counsel" and "the panel was offended at the suggestion that they are racist."
However, I invite you to consider the cross-examination of a key witness in the case against Former Justice of the Peace Massiah. The Hearing Panel is said to have made an order banning publication of the names of witnesses. I will not name her. Her name is not relevant. She is being cross-examined by co-counsel, Mr. Jeff House. This witness and her workmates referred to Former Justice of the Peace Massiah as "Soul Brother" among themselves.
Q. And you used to tell people that he was "like a soul brother on the bench", right ?
A. Yes
Q. Who did you say that to ?
A. That was just sort of chatter before any of this, these proceedings happened. We would
discuss, my coworkers and some of the people about some of the things that were going on,
the way he was talking, his mannerisms, and that's just the term that I used.
Q. So this was just generally among all your colleagues ?
A. Yes.
Q. Do you think that's a racialized term, by any chance ?
A. No.
Q. No ? Soul brother. So you would call me a "soul brother" ?
A. Well, if you talked like that I would.
Q. Well, maybe you can answer the question. Isn't it something that's used for black people ?
A. I don't consider it racist, no.
Q. Isn't it a phrase that's used for black people ?
A. That era, like the '70s, where I grew up, we used that term.
Q. For black people, right ?
A. Sure.
Some years ago a Justice of the Peace facing judicial misconduct allegations was
referred to me by another judicial officer. He was referred to me because of my
knowledge in the Human Rights Code and constitutional law. That Justice of the Peace
is now Former Justice of the Peace Errol Massiah. He so happens to be Black. He was
removed from office and denied the rights and privileges of fundamental laws in
Ontario available to everyone else and especially White Justices of the Peace.
For example, he was penalized twice for the same offence. In March, 2012 a Hearing Panel of the Justices of the Peace Review Council(JPRC) suspended him for 10 days for judicial misconduct which involved failing to be sensitive to gender boundaries with staff. The Chief Justice of the Ontario Court of Justice further ordered him to take gender-boundary sensitivity training. He was on the verge of completing the sensitivity training when additional allegations were brought forward.
The problem with the additional allegation was they all pre-dated the March, 2012 disposition for which he received a 10 day suspension and the gender-boundary sensitivity training. It is difficult to understand how the JPRC and its Presenting Counsel could not see the abuse of process inherent in these facts. Presenting Counsel's Notice of Hearing even had a count which asserted "your prior history of judicial misconduct of a similar nature at a different courthouse".
What did Former Justice of the Peace Massiah do ?
He said things like: "Looking good today B", "Girl, you're looking good today", "Oooh lady in red".
This is to be contrasted with what a White Justice of the Peace who was not removed from the Bench said to a court-clerk in open court in and around the same time. He actually stated: "Madame clerk I am ready for my blow-job now". The White JP said it was a joke. The White Justice of the Peace also made it a habit to hug and kiss court staff. The differential treatment is mind-boggling to say the least. It is fine for the White JP to ask for a blow-job in open court and hug and kiss court staff but a Black JP can not compliment court staff. And if the Black JP's lawyer should take issue with this double-standard simply refer him to The Law Society of Upper Canada.
Did Anti-Black Racism play a role in Former Justice of the Peace Massiah's removal from judicial office ?
I believe it most certainly did. I said so during the hearing and I maintain that position today. The Hearing Panel referred me to The Law Society of Upper Canada. The Chair of the Hearing Panel stated "Mr. Guiste made comments to suggest that this Panel was discriminating against Mr. Massiah and his counsel" and "the panel was offended at the suggestion that they are racist."
However, I invite you to consider the cross-examination of a key witness in the case against Former Justice of the Peace Massiah. The Hearing Panel is said to have made an order banning publication of the names of witnesses. I will not name her. Her name is not relevant. She is being cross-examined by co-counsel, Mr. Jeff House. This witness and her workmates referred to Former Justice of the Peace Massiah as "Soul Brother" among themselves.
Q. And you used to tell people that he was "like a soul brother on the bench", right ?
A. Yes
Q. Who did you say that to ?
A. That was just sort of chatter before any of this, these proceedings happened. We would
discuss, my coworkers and some of the people about some of the things that were going on,
the way he was talking, his mannerisms, and that's just the term that I used.
Q. So this was just generally among all your colleagues ?
A. Yes.
Q. Do you think that's a racialized term, by any chance ?
A. No.
Q. No ? Soul brother. So you would call me a "soul brother" ?
A. Well, if you talked like that I would.
Q. Well, maybe you can answer the question. Isn't it something that's used for black people ?
A. I don't consider it racist, no.
Q. Isn't it a phrase that's used for black people ?
A. That era, like the '70s, where I grew up, we used that term.
Q. For black people, right ?
A. Sure.
Here is a definition of the term "soul brother" from a leading dictionary.
