A committee that was directed to review the conduct of a provincial court judge during a sex assault trial in Calgary two years ago has unanimously recommended that he be removed from the bench.
A complaint was filed against Justice Robin Camp after he asked the complainant in the Wagar trial why she couldn’t keep her knees together.
During the 2014 trial, Camp repeatedly referred to her as the accused and suggested that her attempts to fight off her attacker were feeble.
Camp acquitted the accused in the trial, Alexander Wagar, but the verdict was overturned on appeal and a new trial was ordered.
A judicial hearing was held earlier this year into Camp’s conduct and his defence cited unconscious bias as a reason for his lapse in judgment and said that he wasn't aware what he said was wrong
On Tuesday, the Canadian Judicial Council released the results of its inquiry and said that Camp's conduct placed him in a position 'incompatible with the due execution of the office of judge’ and that his comments and questions showed an ‘antipathy towards laws designed to protect vulnerable witnesses, promote equality and bring integrity to sexual assault trials.'
The committee determined that he also relied on ‘myths and stereotypes’ about women and victim blaming during the trial and in his judgment.
The report said that even though Camp made significant efforts to reform his thinking and attitudes after complaints were made to council, the damage caused to public confidence by his conduct during the trial cannot be repaired.
Alberta's Justice Minister, Kathleen Ganley, released a statement on the decision saying the recommendation is an important step towards how courts should approach sexual assault cases.
“Asking for an inquiry was not a decision I took lightly. On reviewing the transcripts, I thought it was important that victims know this was not an acceptable way for any victim to be treated by the justice system," she said. “The decision for a victim of sexual assault to come forward can be very challenging and it is crucial that they know they will be treated with respect and dignity and not subjected to sexual myths and stereotypes. "
The Judicial Council will now consider the recommendation and give Camp time to make written submissions. It will then refer its decision to the Minister of Justice of Canada for the final say on the matter.
The Canadian Judicial Council responds to over 150 complaints each year and most are dismissed or settled behind closed doors.
To read the report click HERE or scroll the document below.
