Acquittal motions dismissed at trial of Kitchener justice of the peace

Playing null of undefined

Kitchener justice of the peace pleads not guilty to charges

Justice of the peace now waits to learn his fate

The trial of a justice of the peace in Kitchener, Ont. has wrapped up after two days of intense arguments and emotional testimony.

James Ziegler, 74, pleaded not guilty to forcible confinement and criminal harassment stemming from a confrontation with another justice of the peace at the Waterloo Region Courthouse. CTV News has chosen not to identify the woman.

On Wednesday, the first day of Ziegler’s trial, court heard testimony from the complainant about the “terrifying” events leading up to and following the April 19, 2024 incident.

The woman said Ziegler walked into her office that morning, unannounced and uninvited, and slammed the door behind him. She told the court Ziegler appeared agitated and disheveled, and paced between her desk and the door before he leaned over and professed his love and desire for her.

The complainant said she was taken aback and repeatedly told Ziegler the feelings were not mutual and suggested they both get back to work. She also felt she could not leave her office.

The woman said she had several other interactions with Ziegler on April 19, 2024, including one where he allegedly banged on her locked office door.

Over the following days, the complainant stated she received, but did not respond to, texts, a phone call and voicemail message from Zeigler.

On the second day of the trial, defence lawyer Brennan Smart made a case to drop the charges against Ziegler due to a lack of evidence. He put forward applications for directed verdicts of acquittal on the forcible confinement charge, as well as the charge of criminal harassment.

Smart argued the complainant made no allegations of physical restraint, nor did she attempt to leave her office.

“There were no overt threats with respect to consequences if she moves,” Smart told the court.

As for the criminal harassment charge, Smart said it was a proposition by his client, rather than harassment.

“There’s no way to find that he went into the chambers for the purpose of harassing [the alleged victim],” Smart argued. “He was propositioning her. He wasn’t trying to put her into fear.”

The defence lawyer acknowledged the interaction could, instead, be seen as workplace sexual harassment.

“I take no issue if that’s what the Crown was trying to prove. It’s conceded. It takes place within the workplace, and it is sexual harassment,” Smart said.

Justice John Olver referenced that argument while delivering his verdict on the motion to dismiss.

“The defence counsel’s concession that His Worship Ziegler’s conduct was workplace sexual harassment, on its face, establishes harassment,” he noted. “At least to the extent that it was unwanted communication, that it was repeated over a significant period of time, and that it was offensive and capable of causing fear.”

“It is reasonable to conclude that he knew, or should have known, that his conduct and pronouncement of affections would frighten people,” Olver added.

Ziegler was expected to take the stand Thursday, but the defence decided not to call him, or submit any additional evidence, following Justice Olver’s decision.

In its closing submissions, the Crown insisted the forcible confinement and criminal harassment charges went hand-in-hand.

“If you don’t find confinement, I don’t think you’re going to find criminal harassment,” prosecutor Scott Patterson said.

The defence argued the confrontation was not criminal, but objectionable.

“There’s a lot of room between bad behaviour,” Smart said. “There are forums that deal with bad behaviour in the workplace and that’s where this matter should be settled.”

Ziegler will return to the courtroom on Dec. 9 to learn his fate.

According to the Ontario Court of Justice, Ziegler is currently unassigned from judicial duties.

“It is inappropriate to comment further,” they said in an email to CTV News.