Federal Court judge under review for berating sex assault complainant

The Canadian Judicial Council is reviewing the conduct of a Federal Court judge who questioned the efforts of a sexual assault complainant to fend off her attacker.

The council announced Monday it will review the behaviour of Robin Camp during a 2014 case he adjudicated whileserving as an Alberta provincial court judge.The case involved the alleged rape of a 19-year-oldwoman by a Calgary man, whom she accused ofsexually assaulting her over a bathroomsink during a house party.

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The review comes after a complaint from four law professors atDalhousie University and the University of Calgarywho described Camp as "dismissive, if not contemptuous" towardsexual assault laws and the rules of evidence.

In the 11-page complaint, Elaine Craig,Jocelyn Downie,Jennifer Koshan and Alice Woolleysaid that in the 2014 case,Camp asked the complainant, "Why couldn't you just keep your knees together?" and, "Why didn't you just sink your bottom down into the basin so he couldn't penetrate you?"

The legal rules that Justice Camp took issue with were those aimed at removing from the law outdated and discredited stereotypes about women and sexual violence.- Complaint to Canadian Judicial Council

The complaint alleges Camp"showed disregard, if not disdain"for the rape shield provisions of theCriminal Code,the legal definition of consent to sexual touching and other Criminal Code provisions.

"His articulated disrespect for these legal rules was, in some instances, combined with a refusal to apply them," the complaint states.

"Consistently, the legal rules that Justice Camp took issue with were those aimed at removing from the law outdated and discredited stereotypes about women and sexual violence. In a dismissive manner, Justice Camp repeatedly referred to the legal rules requiring that these stereotypes not be relied upon as 'contemporary thinking.' "

Professors: Case underminespublic confidence in justice system

The professors said the events "undermine public confidence in the fair administration of justice."

The Federal Court issued a statement noting Camp is "fully co-operating" with the review and that he will not be assigned any new cases related tosexual conduct.

Camp issued a statement through the courtapologizing for causing "deep and significant pain" to the complainantand to all women whomhe mighthave dissuaded from reporting sexual abuse and whom hecaused to feel"anger, frustration and despair."

"I am speaking particularly to those who hesitate to come forward to report abuse of any kind and who are reluctant to give evidence about abuse, sexual or otherwise," the statement said. "To the extent that what I have said discourages any person from reporting abuse, or from testifying about it, I am truly sorry. I will do all in my power to learn from this and to never repeat these mistakes."

The Federal Court said Camp is taking steps to learn from his behaviour.

"Furthermore, Justice Camp has volunteered to undertake a program of gender sensitivity counselling at his own expense and on his own time in order to understand more fully the implications and significance of his comments before the provincial court of Alberta, and he will ensure that he does not make similar comments in the future," the statement reads.

Camp was appointed to the Federal Court by former Conservative justice minister Peter MacKay on June 26, 2015.

New trial ordered for alleged offender

Alexander Scott Wagar was acquitted in the 2014 sexual assault case, but last month, Alberta's Court of Appeal ordered a new trial.

I have never seen a judgment, and certainly not one in the past decade, which showed such shocking statements that are so out of keeping with modern Canadian values.- Alice Woolley, University of Calgary Faculty of Law

Woolley, one of the four academics who filed the complaint to the judicial council, said Camp's behaviour is unworthy of a judge.

"I have never seen a judgment, and certainly not one in the past decade, which showed such shocking statements that are so out of keeping with modern Canadian values," she told CBC News.

Since the issue is also about Camp'srefusal to apply the law, it is not only a matter ofgender sensitivity, she said.

"Taking him off cases with a sexual aspect to me doesn't really address the problem," she said."I don't know why his apology is directed to women.Men are also affected by things that bring the administration of justice into disrepute."

The council is chaired by the chief justice of Canada, currentlyBeverley McLachlin. There are 38 other council members, who are the chief justices and associate chief justices of Canada's superior courts, senior judges of the territorial courtsand the chief justice of the Court Martial Appeal Court of Canada.

The council's executive director, Norman Sabourin,said a chief justice and a member of the conduct committee will investigate the case, which could lead to a dismissal of the complaint, an order requiring the subject of the complaint toreceive counselling orcoachingor the establishment of areview panel that could call a public inquiry.

Canadian Judicial Council exec on review of judge's behaviour

9 years ago

Duration 7:06

Norman Sabourin discusses investigation into conduct of Federal Court Justice Robin Camp during 2014 sexual assault trial in Alberta

The council can also recommend the removal of a judge from the bench.

However, it is ultimately up to Parliament to decide whether or not to act on such arecommendation, as only Parliament can remove a judge from office.

Removing a judge does not happen often and "would be a very extreme case," said Trevor Farrow, a professor andassociate dean atOsgoode Hall Law School in Toronto.

Farrow said he believes the Canadian Judicial Council's system of judgesholding other judges accountable works.

"I think it strikes the right balance between public accountability and respect for the independence of the judiciary," he said.

"Unfortunately, from time to time, like in the rest of society, we see judges who ... are behind the curve, and it seems to me that certainly the ... [Camp]case is an example of that."

Sabourin could not speak specifically about thecasebut said, generally, Canadians hold judges toa "very high standard."

"They expect competence, they expect judgment and they expect their judges to be up to date with their environment, the social context," he said. "People expect that judges will act at all times with the highest degree of propriety, sowhen comments are made that suggest perhaps a disconnect with the social context about sexual assault, the relationship between victims and victimizers, it's a serious matter."

Camp's comments were entered by the Crown as evidence in the appeal case filed last September, nine months before his appointment to the Federal Court. CBC News has asked former justice minister Peter MacKay, who did not run for re-election in the fall election, what vetting or scrutiny was given to Camp's record before his appointment, but has yet to receive a response.