Robin Camp faces review after Calgary law professors file complaint - Action News
Home WebMail Friday, November 22, 2024, 03:45 PM | Calgary | -10.4°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Calgary

Robin Camp faces review after Calgary law professors file complaint

Referring to the complainant in a Calgary sexual assault trial as "unsavoury" and asking her "why couldn't you just keep your knees together?" are just two of the statements behind a push to have a Federal Court judge removed from the bench.

Former Calgary judge called alleged victim 'unsavoury' and questioned validity of consent laws

Federal court justice Robin Camp sparked a firestorm of controversy after he presided over a 2014 sexual assault case as an Alberta Provincial Court judge. (Andrew Balfour/Federal Court of Canada)

Referring to the complainant in a Calgary sexual assault trial as "unsavoury" and asking her "why couldn't you just keep your knees together?"are just two of the statements behind a push to have a Federal Court judge removed from the bench.

While a Provincial Court judge in Calgary, Robin Camp presided over the trial of a man accused of assaulting a 19-year-old woman thatlead to a complaint of his conduct by four law professors.

"The statements were so extreme and they were directed at the complainant, and the errors in law were so significant," said Alice Woolley, a law professor at the University of Calgary and one of the four academics that filed the complaint.

"I just didn't think this is something you would see in any Canadian courtroom in 2015."

Questioning consent

In the letter outlining their concerns, the lawyers cite Camps questioning of rape shield laws thatprevent the consideration of a woman's sexual history from influencinga rape trial and his "absolute disregard and disdain for the affirmative definition ofconsent to sexual touching."

Camp asked the prosecution whereit's written that a man must seek consent before engaging in sexual activity and was informedthere is ample case law establishing the rule.

"Well can you show me one of these places it says that there's asome kind of incantation that has to be gone through?Because it's not the wayof the birds and the bees," he said.

Camp also questioned why the victim didn't do more the fend off the alleged assault and repeatedly referred to her as "the accused."

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

Deb Tomlinson,with Alberta Sexual Assault Services, says Camp's comments reinforce the rape culture.

"Those are the things that keep women and keep sexual assault victims from reporting to the police or about telling anybodyabout what has happened to them," she said.

Appeal

The Alberta Court of Appeal has ordered a new trial for the alleged rape, citing "doubts about the trial judge's understanding ofthe law governing sexual assaults," and that "sexual stereotypes and stereotypical myths, which
have long since been discredited, may have found their way intothe trial judge's judgement."

The appeal court also found that Camp "misapprehended the evidence."

Camp has apologized for his comments.

The Canadian Judicial Councilreview is expected to take several months and could result inCamp's removal from the bench.