Committee recommends judge who asked ‘keep your knees together’ question to be removed

A Canadian Judicial Council committee is recommending the Calgary judge, who asked a sex assault complaint why she “couldn’t just keep her knees together” during an alleged attack, be removed from the bench.

Following a hearing this fall, the committee says Justice Robin Camp should be dismissed from his position for making “comments and asked questions evidencing an antipathy towards laws designed to protect vulnerable witnesses, promote equality, and bring integrity to sexual assault trials.”

“The Inquiry Committee also found that Justice Camp relied on discredited myths and stereotypes about women and victim-blaming during the trial and in his reasons for judgment,” the decision said.

During the 2014 sexual assault trial of R. vs. Alexander Wagar, Camp asked the 19-year-old complainant, along with the knees question and other comments, that if she had truly not consented, why did she not sink her bottom into the basin where the alleged act took place.

Camp’s acquittal of the suspect was overturned on appeal and he is now facing a new trial.

Despite his hearing in which he apologized and described his counselling, the committee “expressed the unanimous view that a recommendation by the Council for Justice Camp’s removal is warranted.”

Calgary Communities Against Sexual Abuse Executive Director Danielle Aubry said it was the right decision.

“It really speaks to the reality that Justice Camp was way out of bounds and that he needs to be accountable for it,” she said.

The recommendation from the committee now goes to the council, who will then decide whether it should go to Federal Justice Minister Jody Wilson-Raybould, since a judge can only be removed by joint resolution of Parliament.

However, in the past when there have been recommendations for dismissal, judges have opted to resign rather than let the matter go to Parliament.

CJC Executive Director and Senior General Counsel Norman Sabourin said the two-man, three-woman committee submitted a thorough report of 116 pages, as they voted unanimously 5-0 in favour of him being removed.

“It’s a difficult job in the best of circumstances,” he said. “I’m pleased that they were able to do it in a reasonable amount of time and that they were very, very thorough in going over all the issues, so I think that will be very helpful for the council.”

Wilson-Raybould was asked about the matter in Ottawa.

“In terms of Justice Camp, I want to acknowledge the work of the inquiry committee and know that their report is going to be reviewed by the Canadian Judicial Council, who as a committee of a whole will make a recommendation to me and I will consider that recommendation,” she said, adding until she gets an official recommendation, she won’t make any further comment.

Interim Conservative Leader and Alberta MP Rona Ambrose said she was satisfied with the ruling.

“I’m really pleased to see that the comments that he made are being taken seriously,” she said. “This happens every day in our court system, where prosecutors, judges say these kinds of things and there’s no accountability, so we’re seeing some accountability here on Justice Camp’s comments, that’s a good thing.

“But there’s a long way to go before women and girls feel confident that if they take their sexual assault cases to court that they’ll be treated fairly, so this is a step in the right direction, but there’s a lot more work that needs to be done.”