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Hoskins, Dalhousie University political science professor Katherine Fierlbeck and R.Daren Baxter, the former president of the Nova Scotia Barristers' Society, said its role was not to determine whether Lenehan erred in law.

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Regarding his comment that a drunk can consent, the committee found that "a reasonably informed person would not conclude that the use of the impugned phrase in this context could lead to a finding of judicial misconduct." Still, the committee said the use of "ill-considered words" by a judge can undermine the public's confidence as much as the reality of proven bias.

For example, Lenehan's request to a mother breastfeeding her infant son "to take that out of the courtroom" may have been better phrased and explained at the time, the decision said. may have benefited from more careful and contextual reflection," the decision said.

Instead, the committee said it had to determine whether he was guilty of judicial misconduct, which carries a high threshold to protect the independence of the judiciary.

The committee's decision said it would be "dangerous and wrong" to equate an error of law with judicial misconduct.

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The sentence of probation was not reflective of gender bias, the committee said, but abided by provisions of the Youth Criminal Justice Act as well as joint recommendations from the Crown and defence.

The committee noted in its decision that when asked what changes, if any, Lenehan has made since the complaints were filed, he replied that he no longer relies on notes when rendering oral decisions.

"The test for judicial misconduct has not been met," the decision stated.

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