On Thursday Kate Andrew, a spokeswoman for the Ontario Court of Justice, sent out an email saying Justice Zabel is no longer being assigned cases and has not been sitting on the bench since Dec. 21. Andrew did not give any details about when, if at all, Zabel will return to the bench or the connection between his removal from hearing cases and the fact he wore a Donald Trump hat into court. A spokesperson for the Chief Justice of the Ontario Court of Justice, Lise Maisonneuve, refused comment as she is a member of the judicial council.
On Nov. 9, the day after the U.S. election that saw Trump defeat Hillary Clinton to become the president-elect, Zabel entered his courtroom at the John Sopinka Courthouse in Hamilton. He wore his usual black robs with a crimson sash but, in addition to his judicial attire, he wore a red baseball cap with “Make America Great Again” emblazoned on the front. Before he commenced business, he took the cap off and placed it on the bench so it was visible to everyone in the courtroom. He then began to conduct the day’s proceedings.
Some members of the legal community filed complaints with the Ontario Judicial Council complaining of Zabel’s conduct. The judicial council will not comment on how many complaints they did receive as the matter is now before them. But one Hamilton city councillor wants Zabel removed from the bench.
Two days after Zabel wore the cap in court, Coun. Matthew Green called for Zabel to be removed from the bench. Green portrayed Trump as promoting racism, sexism and xenophobia and wrote on social media that Zabel’s actions could “underscore the distrust many Canadians feel towards the justice system.” Green added if the judge wants to express his political opinions, he should step down from the bench and run for office.
On Nov. 15, Zabel read out a written apology. The justice referred to bringing the cap into the courtroom as “a lapse in judgment” and said his actions were not meant as a particular endorsement of Trump or his various policies. Rather he was attempting to be funny. He did not mean it as a political endorsement and said he was sorry for any offense or hurt he caused.
That was not enough for Green. Although saying it was a good first step, Green wants the Ontario Judicial Council to decide on what is appropriate for a judge to do in a courtroom.
But Professor Tony Riddell, who specializes in judicial politics at the University of Guelph, said although Zabel should be disciplined for what he did, he does not think the judge’s actions will result in removal from the bench. The professor distinguished this case from those in which judges have made inappropriate comments about women or minorities. Riddell said is not known whether Zabel actually supports Trump’s “anti-establishment narrative” or his policies.
Zabel was first appointed to the bench in 1990.
