A Thunder Bay justice of the peace, who allegedly smelled an articling student’s neck twice while referring to her as a rose, has retired prior to facing a discipline hearing.

John Guthrie officially retired just four days before the start of his discipline hearing in June. He is now requesting that a discipline panel of the Justices of the Peace Review Council recommend to the attorney general that he be compensated about $22,000 for legal costs incurred in the lead-up to the cancelled hearing.

The allegations against Guthrie, which remain unproven, are set out in a notice of hearing filed with the review council, the independent body that investigates and disciplines justices of the peace.

Guthrie allegedly told an articling student in the Crown attorney’s office, identified only as “FF” in the notice of hearing: “I’ve always been told that you can smell a beautiful rose as long as you don’t pick it.” As he made the comment, he allegedly smelled her neck.

The notice alleges Guthrie then repeated the comment and smelled FF’s neck again.

Guthrie’s lawyer, Brian Gover, told the Star that his retirement was unplanned and the result of a sudden change in personal circumstances.

Had there been a hearing, Gover said “a lot of the anticipated evidence” would have been presented at the hearing by way of mutual agreement by both sides. But he said Guthrie would have also testified and have had something “substantive” to say in response to the allegations.

Clad in black robes and green sashes, justices of the peace are appointed by the provincial government and earn about $130,000 a year. They typically preside over bail hearings, sign off on search warrants and hear matters in provincial offences court, which deal with non-criminal offences.

Guthrie was appointed by the previous Liberal government in 2005. According to a news release at the time, he was the director of admissions at a private Thunder Bay college and had also worked in the financial sector.

Though the allegations remain officially unproven, Guthrie addressed them in a letter filed with the review council as part of his request seeking compensation for his legal costs.

“Allow me to address the issue of the severity of the misconduct. It has been my position all along that I am a dinosaur,” he wrote.

“I was brought up to be friendly to everyone and anyone. I did not know that I was out of line. I came from a sales background where it was always important to show an interest in the other person; to be empathetic. Thus, I acted like I did before I became a justice of the peace.”

With respect to a court employee identified as AA, Guthrie allegedly told her while court was in session “You’re so cute,” which was overheard by a Crown attorney, among others. On another occasion, while she was assisting a lawyer, Guthrie allegedly put his hand on AA’s upper back and after removing it said: “That was OK, right? We’re OK? Like, was that OK?”

To another court employee, identified as CC, Guthrie allegedly said: “That dress you have on is very slinky. I’m not sure that it’s really work appropriate but you look very good.” And on another occasion, while CC was in the trial coordinator’s office, Guthrie came in and allegedly wrapped his arm around CC’s shoulder.

While flying to Armstrong, a rural community north of Thunder Bay, with the articling student from the Crown’s office, a court clerk and a law student, Guthrie allegedly commented “on how delighted or excited (he was) to be with such young, beautiful women,” according to the notice of hearing.

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It was once they were in Armstrong that he allegedly made the rose-related comment to the articling student. And as the law student posed for a picture in front of the Armstrong sign, Guthrie allegedly yelled over and over again for her to “strike a sexy pose.”

Guthrie’s conduct was raised with him by the manager of court operations at the Thunder Bay courthouse as well as by the regional senior justice of the peace, according to the notice of hearing. But after his meeting with the manager, she received further complaints about his conduct, the notice says.

“Your conduct and comments...are unbecoming of a justice of the peace and contrary to the integrity of the judiciary,” the notice of hearing says. “They undermined the public’s confidence in your ability to perform the duties of office and in the administration of justice generally.”

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A discipline panel has the power under Ontario law to recommend to the attorney general that a justice of the peace be compensated for part or all of their legal costs related to the discipline process, even if no hearing is held.

In this case, presenting counsel — external lawyers Marie Henein and Kenneth Grad, hired to present the case against Guthrie — said in written submissions that at least a portion of Guthrie’s $22,000 request is “recoverable,” but does not specify an exact amount that the panel should recommend to the attorney general.

The panel — made up of Ontario Court Justice Peter Doody, Justice of the Peace Liisa Ritchie and community member Jenny Gumbs — has not yet made a decision on its recommendation.