A Kenora justice of the peace accused of making racist remarks in court about Indigenous people will avoid facing a discipline hearing by retiring.As the Star first reported last year, Justice of the Peace Robert McNally was the subject of complaints to the Justices of the Peace Review Council over an exchange he had in bail court with lawyer Shannon McDunnough, who is Mi’kmaq.According to a court transcript, McNally joked about the fact nobody knew who British comedian Benny Hill was, and when McDunnough replied that she did know who he was, McNally responded: “Your ancestors probably scalped him or something.” McNally, who has not been hearing cases since October 2017 but continues to be paid, was set to face a public discipline hearing in Toronto beginning Jan. 22, 2019, before a three-member panel composed of a provincial court judge, a justice of the peace and a community member. But the hearing panel was informed last week that McNally would be retiring effective Jan. 3. “When the retirement takes effect, this proceeding will come to an end because the review council and the hearing panel will cease to have jurisdiction over His Worship McNally, who will no longer be a justice of the peace,” says a Nov. 1 ruling from the hearing panel.“The hearing panel directs the registrar to cancel the scheduled hearing dates upon receipt of confirmation that His Worship’s retirement has taken effect.” Should McNally decide not to retire on Jan. 3, his discipline hearing will proceed as scheduled, the panel said. The Star tried to contact McNally’s lawyer Sunday, but did not receive a response. Justices of the peace, who earn about $132,000 a year, are appointed by the provincial government. Dressed in black robes and green sashes, they conduct bail hearings, sign off on search warrants and preside over trials in provincial offences court, which deals with non-criminal matters. McNally was appointed by the NDP govern ...
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