The horny Justice of the Peace!

Justice of the Peace found guilty of sexual harassment

Judicial review panel finds Errol Massiah harassed and ogled female staff at Whitby courthouse. He was disciplined for similar behaviour in 2012.

By Olivia Carville/Staff Reporter
Wednesday, January 14, 2015

Complainants allege that Justice of the peace Errol Massiah would inhale then exhale while making sexist comments towards women and "scanning their entire being" with his eyes a judicial panel heard.

For the second time in less than three years, Justice of the Peace Errol Massiah has been found guilty by his professional body of sexual harassment and “ogling” female court staff.

Massiah was found guilty on Monday of judicial misconduct by a Justices of the Peace Review Council — the same council that disciplined him in 2012 for sexually harassing female staff in a different courthouse. In both hearings, Massiah denied the allegations and legally challenged the council’s jurisdiction, but his arguments were dismissed.

The complaints from both hearings stem from May 2007, the month when Massiah was appointed a justice of the peace, up until 2010.

Thirteen witnesses took the stand against Massiah in the most recent hearing, accusing him of leering at, touching and making sexually offensive comments to female court clerks, prosecutors and defendants at the Durham Provincial Offences Court in Whitby.

Complainants alleged that Massiah would inhale and then exhale while making sexist comments towards women and “scanning their entire being” with his eyes, the hearing panel heard.

One female provincial prosecutor (a publication ban prohibits printing her name) told the hearing panel that Massiah had leaned toward her, with his mouth close to her ear, and said: “Oooh, lady in red.” On a separate occasion, he said: “Mrs. HH looking goooood” as she walked past him into the courthouse.

“He raped me up and down with his eyes. I wanted to turn on him and say, ‘What are you doing?’… and then I thought that (…) would be suicide for my career,” she told the panel.

Four complainants claimed Massiah invited them into his chambers when he was in varying states of undress. This inappropriate and offensive conduct resulted in “a poisoned work environment” for female staff, according to the panel’s written decision.

Some prosecutors and court staff said they lost confidence in Massiah as a judicial officer after observing his conduct toward “young, attractive female” defendants in court. It was alleged he would leer at female defendants, look them up and down in a sexual manner and give them the “once over” as they walked away.

Massiah rejected all of the allegations during his testimony at the hearing.

His lawyer, Ernest Guiste, told the Star on Tuesday that Massiah was “very disappointed in the decision.” Guiste would not comment further, saying the disciplinary process was still ongoing.

The panel said Massiah’s denials were “unconvincing.”

“His testimony, and his demeanour while testifying, painted a picture of a man who is arrogant and who perceived himself to be appealing to women,” the decision read.

Massiah previously worked as an investigator for the Ontario Human Rights Commission. Opposing counsel argued this should have familiarized him with the legal principles prohibiting sexual harassment in the workplace.

In the 2012 hearing, Massiah faced similar accusations from Oshawa court staff, with one court clerk claiming he said: “Damn girl, where did that figure come from?” and another: “Any time you want to see me with my shirt off, just let me know.”

Massiah was suspended for 10 days without pay and ordered to attend gender sensitivity training courses. His $123,000 legal bill was picked up by taxpayers.

In October 2013, after the second hearing into Massiah’s conduct was launched, he challenged the panel’s earlier decision in the Supreme Court. His application was dismissed and he was ordered to pay $35,000 to cover the council’s legal costs, court documents show.

Massiah filed six motions during the recent hearing, with one claiming the panel had no jurisdiction to continue and that there had been abuses in the process.

Through Guiste, Massiah argued that he had learned his lesson after the first hearing and the training he was ordered to undertake had addressed any similar inappropriate conduct. His motion was dismissed and the panel decided his arguments had no merit in law.

Justices of the peace, who preside mainly over provincial offence matters such as bail hearings and search warrants, are expected to conduct themselves in an exemplary fashion, not just in court but outside of it as well, the panel said.

Massiah has yet to be disciplined for his actions in the latest hearing. His disposition is scheduled for March, when he could face either a warning, further training courses, suspension for up to 30 days or a recommendation to the attorney general that he be removed from office.

Once the hearing process is complete, Massiah may ask the panel for his legal costs to be paid out of the public purse again. The council estimates these costs will be more than $120,000.

Justice’s remarks to women

Ten offensive comments JP Errol Massiah allegedly made to female court staff, prosecutors and defendants at two GTA courthouses:

”Have you lost weight? Those pants really look good on you.”

“Any time you want to see me with my shirt off, just let me know.”

“Oh, I’m glad we are off the record so I can tell you how good you look today.”

“It’s not that you haven’t seen anything like it before. Mine is just brown.”

“I like two-tone blonds.”

“Oh look at you, pregnant and you still look good.”

“Looking goooooood.”

“Damn girl, where did that figure come from?”

“Oooh, lady in red.”

“Mmmm … do you ever look good today.”