‘Knees together’ judge resigns from Federal Court

A judge who asked a sexual assault complainant in a trial why she couldn’t keep her knees together quit Thursday after a scathing rebuke from the body that oversees the Canadian judiciary.

In a statement distributed by his lawyer, Justice Robin Camp said he would step down as a member of the Federal Court effective Friday.

“I would like to express my sincere apology to everyone who was hurt by my comments,” Camp said in the statement. “I thank everyone who was generous and kind to me and my family in the last 15 months, particularly my legal team.”

The move came after the Canadian Judicial Council recommended that Camp be removed from the bench, because his conduct was “manifestly and profoundly destructive” to the impartiality and integrity of the judiciary.

The council’s decision supported a recommendation in November by a disciplinary panel that was reviewing the original sexual assault trial of Alexander Wagar.

Court transcripts from the 2014 trial in Calgary show that Camp, who was a provincial court judge at the time, called the complainant “the accused” numerous times and told her “pain and sex sometimes go together.”

He questioned the complainant’s morals and suggested her attempts to fight off the man were feeble.

Camp found Wagar not guilty, but the Appeal Court ordered a new trial. Last month, Wager was acquitted again.

Federal Justice Minister Jody Wilson-Raybould said the government planned to have Camp removed had he not quit.

Alberta Justice Minister Kathleen Ganley made the formal complaint against Camp that triggered the hearing.

“Obviously I felt strongly about it,” she said in Edmonton. “It is really important to send a message to victims that we do want them to come forward and that they should be safe and respected in the justice system, so I am glad to see that he has taken this step.”

The complainant, who was 19 at the time of the first trial, told the disciplinary hearing that Camp’s comments had made her hate herself. She said she had contemplated suicide as a result.

“He made me feel like I should have done something ... that I was some kind of slut,” she said.

A justice who worked with Camp after his remarks also appeared before the panel and testified that she found him to be “teachable.”

Justice Deborah McCawley said she was appalled by what Camp had said, but found him to be fairminded, and neither a racist nor a misogynist. Originally from South Africa, he was named an Alberta provincial court judge in 2012, but did not receive training or judicial education on sexual assault law or how to conduct sex assault trials.

On Wednesday, the House of Commons unanimously agreed to fast-track a bill that would require would-be judges to take courses in sexual assault law.