With these caveats in mind, the initiatives in the UK nevertheless remind us that it is crucial to the ongoing project of endeavouring to achieve
justice in sexual assault trials that adjudicators (as well as other legal actors) disabuse themselves of discredited myths and stereotypes and apply sexual assault laws free from «ignorance, prejudice, and / or misconception about rape» (see Ellison & Munro, «A Stranger in the Bushes or an Elephant in the Room?
Not exact matches
Finally,
in November 2012, after two
trials totalling 15 days, one appeal and several interlocutory applications, I was awarded # 55,000 damages by Mrs
Justice Swift arising from
sexual assaults by a Jesuit priest
in the 1970s.
Today, West Coast LEAF is
in Calgary for the start of the judicial inquiry into remarks made by
Justice Robin Camp during a
sexual assault trial in Alberta provincial court
in 2014.
Yet recall for a moment what
Justice Camp has conceded was inappropriate
in his conduct of the
trial, and for which he has apologized: that he asked inappropriate questions of the complainant about her conduct while she was testifying, he made inappropriate personal comments to the prosecutor
in response to her argument, and he fell prey to myths about
sexual assault.
At his hearing, a significant part of
Justice Camp's explanation for his conduct was that he did not know the law on
sexual assault; that he had received inadequate training; that he had conducted only one
sexual assault trial prior to the Wagar case which gave rise to the complaint against him; and that,
in general, «I didn't know what I didn't know».
«At this moment
in Canadian history, the public has little faith that the criminal
justice system will treat complainants
in sexual assault trials fairly.
The judge or
justice must also take the following factors into consideration when making their determination; the extent to which the records are required for the accused to make a full and complete defense, the probative value of the records, the nature and extent of the reasonable expectation of privacy with respect to the personal information contained
in the record, whether production of the record is based on a discriminatory belief or bias, the potential prejudice to personal dignity the complainant or witness will experience if the record is produced, society's interest
in encouraging individuals to obtain treatment after being sexually
assaulted, society's interest
in encouraging
sexual assault victims to report the
assault and the effect of the determination on the integrity of the
trial process.
Just as the same underlying principles ought to apply to a homicide investigation as to a
sexual assault investigation, so the bedrock principles of the criminal
justice system remain as relevant, crucial and inalienable
in a
sexual assault trial.
VANCOUVER — Today, a national coalition of women's organizations including West Coast LEAF was granted intervener status
in the inquiry into the conduct of
Justice Robin Camp while he presided over a
sexual assault trial in Alberta
in 2014.
Regina v. S.V. (2010) Client found not guilty of
Assault and
Sexual Assault after two day
trial in the Ontario Court of
Justice.
Regina v. V.D. (2008) Client found not guilty of
sexual assault,
sexual interference and invitation to
sexual touching after a five day jury
trial in the Ontario Superior Court of
Justice.
Regina v. K.B. (2014), Client found not guilty of charges of
sexual assault,
sexual interference and invitation to
sexual touching after a three day
trial in the Ontario Court of
Justice in Newmarket.
Regina v. J.W. (2015), Client found not guilty of two counts of
sexual assault after a two day
trial in the Ontario Court of
Justice.
Regina v. W.W. (2007) Client found not guilty of
sexual assault x 2,
sexual interference x 2, arising from historical
sexual assault allegations
in the Superior Court of
Justice after a three day
trial.
Regina v. S.P. (2017), Charges of
Sexual Assault,
Assault Causing Bodily Harm,
Assault x 2, and Threaten Death (Domestic), dismissed after seven day
trial in the Ontario Court of
Justice at 1000 Finch Avenue West.
Regina v. J.D.S. (2011) Charges of
Sexual Assault x 2,
Sexual Interference x 2,
Assault withdrawn after completion of three day preliminary hearing prior to setting a
trial in the Superior Court of
Justice.
In the Alberta Court of Appeal ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift of Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
In the Alberta Court of Appeal ruling reported as R v Wagar, 2015 ABCA 327
Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift of
Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the
trial judge's comments throughout the proceedings and
in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
in his reasons gave rise to doubts about the
trial judge's understanding of the law governing
sexual assaults and
in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
in particular, the meaning of consent and restrictions on evidence of the complainant's
sexual activity... We are also persuaded that
sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the
trial judge's judgment.»
Regina v. A.H. (2010) Charges of
sexual assault and
sexual interference withdrawn
in the Ontario Court of
Justice, Scarborough, prior to
trial.
Regina v. J.M. (2010) Client found not guilty of charges of
sexual assault and
sexual interference after a four day
trial in the Ontario Court of
Justice.
The Inquiry was directed at whether the public could have confidence
in the judiciary when a judge relies on discriminatory and sexist myths about women during a
sexual assault trial,» says Tamar Witelson, Legal Director of METRAC, a member of the Coalition of six organizations from across Canada that intervened at the Inquiry into the
Justice Camp's conduct.
Regina v. R.M. (2007) Client found not guilty of
Sexual Assault and Forcible Confinement after three day
trial in the Ontario Court of
Justice.
Regina v. P.R. (2017) Charges of
Sexual Assault x 2,
Assault with Weapon x 2,
Assault x 7, Utter Threats and Mischief all withdrawn prior to the commencement of the
trial in the Ontario Court of
Justice.
Regina v. G.C. (2017) Client found not guilty of two counts of
sexual assault after a five day
trial in the Superior Court of
Justice, Bracebridge.
Regina v. A.E., (2013) Client found not guilty of
Sexual Assault after two day
trial in the Ontario Court of
Justice.
Regina v. A.S. (2013) Charge of
sexual assault withdrawn prior to setting
trial date
in the Ontario Court of
Justice, Toronto.
Regina v. S.G. (2012) Client was found not guilty of
Sexual Assault and
Sexual Interference after
trial in the Ontario Court of
Justice.
Regina v. H.C. (2014), Client found not guilty of
sexual assault after a four day
trial in the Ontario Court of
Justice.
Regina v. A.B. (2010) Charges of
Sexual Assault,
Assault with a Weapon,
Assault x 4 (Domestic) and Fail to Comply with Bail Recognizance x 3, were withdrawn
in the Ontario Court of
Justice, Newmarket, just prior to setting a
trial date.
Regina v. D.C. (2014), Client found not guilty of
Sexual Assault x 3 and Domestic
Assault after a three day
trial in the Ontario Court of
Justice, Newmarket.
Regina v. W.A. (2014), Client found not guilty of
sexual assault after two day
trial in the Ontario Court of
Justice, Toronto.
Regina v. D.M. (2010) Client acquitted of
sexual assault and
sexual interference after a three day
trial in the Superior Court of
Justice, Belleville.
Regina v. Sibte (2007) Client acquitted of
sexual assault charge after two day
trial in the Ontario Court of
Justice.
Regina v. A.S. (2007) Client found not guilty of
sexual assault,
sexual interference after a three day
trial in the Ontario Court of
Justice.
They fell into three categories: (a)
Justice Camp was dismissive of, if not contemptuous towards, the substantive law of
sexual assault and the rules of evidence (b) his statements and reasoning demonstrated a pervasive inability or refusal to account for the perspective of the complainant and (c) he made numerous statements throughout the
trial, and
in his reasons or verdict, that perpetuate rape myths.
Harnett, principal of Aaron B. Harnett Criminal Defence Lawyer, acted for the accused
in the case, who faced
trial in the Ontario Superior Court of
Justice for two counts of
sexual assault against his ex-wife, which she alleged occurred during their marriage.
West Coast LEAF joined a national coalition of women's organizations to intervene
in the September 2016 inquiry into the conduct of
Justice Camp, who came under fire for asking a
sexual assault complainant why she couldn't just keep her knees together and making many other troubling remarks during the
trial.
West Coast LEAF joined a coalition of women's organizations from across Canada to intervene
in the September 2016 inquiry into the conduct of
Justice Camp, who came under fire for asking a
sexual assault complainant why she couldn't just keep her knees together and making numerous other egregious comments during the
trial.
The CJC's new process is being used to consider the conduct of now Federal Court
Trial Division Justice, and former Alberta Provincial Court Judge, Robin Camp, whose conduct of a sexual assault trial in 2014 led to a complaint being filed with the CJC by me, professor Jennifer Koshan (Calgary), professor Elaine Craig (Dalhousie), and professor Jocelyn Downie (Dalhousie) The CJC has struck a review panel to assess Justice Camp's con
Trial Division
Justice, and former Alberta Provincial Court Judge, Robin Camp, whose conduct of a
sexual assault trial in 2014 led to a complaint being filed with the CJC by me, professor Jennifer Koshan (Calgary), professor Elaine Craig (Dalhousie), and professor Jocelyn Downie (Dalhousie) The CJC has struck a review panel to assess Justice Camp's con
trial in 2014 led to a complaint being filed with the CJC by me, professor Jennifer Koshan (Calgary), professor Elaine Craig (Dalhousie), and professor Jocelyn Downie (Dalhousie) The CJC has struck a review panel to assess
Justice Camp's conduct.
In our view, the statements made by Justice Camp during the trial and in his decision, the values implicit in those statements and the way in which he conducted himself are so antithetical to the contemporary values of our judicial system with respect to the manner in which complainants in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
In our view, the statements made by
Justice Camp during the
trial and
in his decision, the values implicit in those statements and the way in which he conducted himself are so antithetical to the contemporary values of our judicial system with respect to the manner in which complainants in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in his decision, the values implicit
in those statements and the way in which he conducted himself are so antithetical to the contemporary values of our judicial system with respect to the manner in which complainants in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in those statements and the way
in which he conducted himself are so antithetical to the contemporary values of our judicial system with respect to the manner in which complainants in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in which he conducted himself are so antithetical to the contemporary values of our judicial system with respect to the manner
in which complainants in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in which complainants
in sexual assault case should be treated that, in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in sexual assault case should be treated that,
in our view, confidence in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in our view, confidence
in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents in the mind of a reasonable member of the publi
in the system can not be maintained unless the system disassociates itself from the image which the Judge, by his statements and approach, represents
in the mind of a reasonable member of the publi
in the mind of a reasonable member of the public.