‘Knees together’ judge earns right to practise as lawyer

Disgraced “knees together” judge Robin Camp may not be suitable for the bench, but he’s qualified to practise law, the province’s professional body overseeing lawyers says.

In a written decision released Wednesday, a Law Society of Alberta committee said the former judge can be reinstated to act as a lawyer in the province.

His lawyer, Alain Hepner, said Camp has been waiting for a decision for some time.

“He’s delighted with the results. It’s been a long time coming. It’s been quite a road,” Hepner said of the ruling that came months after Camp applied for reinstatement for membership in the Law Society.

A three-member committee heard evidence and oral submissions last November, followed by written arguments earlier this year.

Camp resigned as a federal court judge following a Canadian Judicial Council committee ruling recommending his removal from the bench.

That decision was based on comments Camp made during the sexual-assault trial of Alexander Wagar.

The then-provincial court judge made inappropriate statements to the complainant, including asking why she couldn’t just keep her knees together to prevent having sex.

On his retrial, Wagar was acquitted a second time.

In its decision, the Law Society committee found Camp’s comments from the bench and his subsequent efforts at rehabilitation would not bring the legal profession into disrepute if he were reinstated.

“The committee does not condone Mr. Camp’s conduct in the Wagar trial ... far from it,” the tribunal said.

“The committee also does not condone conduct among lawyers which demonstrates — or perpetuates — inequality or gender bias, or treats marginalized or vulnerable members of society with disrespect.

“All of those were issues before the CJC when considering the conduct of Mr. Camp — as a judge — and the effect of his conduct as such on the reputation of the judiciary and the administration of justice at large,” it said.

“Parties before the court do not choose their judge. Judges must be impartial and unbiased in adjudicating upon the rights of the parties before them and deciding the outcome of their case.

“In contrast, parties typically have the ability to choose their own counsel. Moreover, the lawyer’s role is to advocate his or her client’s position to the fullest extent of the law and to advance his or her best interests.”

That said, the committee ruled, Camp’s rehabilitative efforts were necessary for him to be eligible for reinstatement.

It ruled it could not “ignore the importance of rehabilitation in the present case notwithstanding differences in the roles of judges and lawyers.”

Hepner said there are still steps Camp must go through before resuming his practice in the area of construction law.