An Ontario judge who tossed out several criminal cases after a prosecutor was minutes late received a rebuke Monday from a disciplinary panel that opted for one of the softer possible penalties.
The Ontario Judicial Council reprimanded Ontario Court Justice Howard Chisvin after finding that his actions had a "detrimental effect on public confidence in the administration of justice."
Chisvin blamed unspecified personal issues for his behaviour that day in July 2011, and his lawyer noted the judge almost immediately alerted his regional senior judge to what he had done, realizing his error, and took a two-week stress leave.
He choked up as he read a statement to the panel on Monday apologizing for his conduct.
"My only wish is to rededicate myself to serving the public and the administration of justice in a fair, responsible and even-handed manner," Chisvin said.
He sought counselling and is proposing a program for other judges on dealing with stress, the hearing was told.
The judicial council panel could have imposed a number of sanctions on Chisvin, right up to recommending the Ministry of the Attorney General remove him from the bench, but it said a formal reprimand would be sufficient to restore public confidence in him and the justice system.
"While Justice Chisvin's otherwise exemplary behaviour does not excuse the conduct giving rise to this hearing ... it bears directly on the disposition that must be imposed," said panel member and Appeal Court Justice Robert Sharpe.
"We conclude that the incident giving rise to this hearing was an aberration by a hardworking, dedicated judge who has fully acknowledged his conduct and does not minimize its impact."
The panel was given 45 letters of support for Chisvin from fellow judges and lawyers who have appeared in his courtroom.
Chisvin blamed personal stress for his actions in dismissing charges against 10 people who were either waiting to plead guilty or be sentenced in his Newmarket courtroom, after the prosecutor was minutes late coming back from a break.
Those charges included robbery, assault, impaired driving, theft and credit-card forgery offences.
