Justice of the Peace found not guilty of criminal harassment and forcible confinement

The trial of James Ziegler, the justice of the peace accused of criminal harassment and forcible confinement, has ended with a not guilty verdict. CTV’s Alexand

A justice of the peace in Kitchener, Ont. has been found not guilty of forcible confinement and criminal harassment stemming from a confrontation with another justice of the peace at the Waterloo Region Courthouse.

The case against James Ziegler, 74, stemmed from incident on April 19, 2024.

Over the course of the two-day trial, court heard testimony from the complainant about the “terrifying” events leading up to and after that day.

CTV News has chosen not to identify the woman.

The complainant described how Ziegler walked into her office, unannounced and uninvited, and slammed the door behind him. She told the court Ziegler appeared agitated and disheveled as he paced between her desk and the door, then leaned over and professed his love and desire for her.

The woman said she repeatedly told Ziegler she did not share his feelings and suggested they both get back to work. She testified that she felt like she couldn’t leave her office.

Court also heard about other interactions, including one where Ziegler allegedly banged on the woman’s locked office door, as well as texts, a phone call and voicemail message sent from the justice of the peace.

Following the woman’s testimony, the defence lawyer requested all charges be dropped against Ziegler due to a lack of evidence. He argued that his client was merely propositioning her, which he admitted could be seen as sexual harassment in the workplace.

“It is reasonable to conclude that he knew, or should have known, that his conduct and pronouncement of affections would frighten people,” Justice John Olver explained as he dismissed the defence’s application on Nov. 13.

Ziegler was expected to take the stand but, instead, the defence decided not to submit any additional evidence.

During closing submissions, the Crown insisted the forcible confinement and criminal harassment charges went hand-in-hand, while the defence once again argued the confrontation was not criminal, but objectionable in nature.

In his decision Tuesday morning, Justice Olver rejected the Crown’s case.

“With the only evidence of Her Worship’s [the complainant’s] state of mind indicating emotional distress, I cannot conclude that His Worship [Ziegler] knew or was even capable of perceiving that his conduct was causing [the complainant] to be afraid and feel that she was trapped in her office,” he explained.

Justice Olver also said that, while Ziegler’s actions were inappropriate, they did not meet the standard for criminal harassment.

“As inappropriate and unprofessional as that conduct was, I do not have sufficient context to conclude that [the complainant’s] fear for her safety was based on her belief that the accused might cause her physical harm.”

Justice Olver did call out Ziegler’s conduct as “unbecoming,” saying, “The public has a right to expect more of its judicial officers and to hold us accountable to a higher standard.”

He then asked counsel to put forward recommendations on a peace bond.

Defence lawyer Brennan Smart argued against the order. He argued his client had complied with an undertaking for more than 18 months, had undergone “50 sessions of counselling” and faced public humiliation because of the case.

“The peace bond is not just about Mr. Ziegler,” Olver responded, explaining the aim was to give the complainant “a sense of peace there will be no more lines crossed in the future.”

Under the peace bond, Ziegler is not allowed to contact the complainant, be within 100 metres of any place the complainant might be, publish or distribute content related to the complainant, or possess weapons. It remains in effect for 12 months.

Justice Olver said he wouldn’t lecture Ziegler but reiterated that he “should know better.”

“Pretty sure I don’t have to tell you what happens if you breach any of my terms,” he warned Ziegler.

“I know what will happen,” Ziegler replied.

The peace bond goes into effect immediately.

Both the Crown and Ziegler’s defence counsel declined to comment on Tuesday’s ruling.