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Robin Camp

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The Honourable Justice
Robin Camp
Judge of the Federal Court of Canada
Incumbent
Assumed office
June 26, 2015
Judge of the Provincial Court of Alberta
In office
2012 – June 25, 2015
Personal details
BornAugust 18, 1952

Robin Camp (born August 18, 1952)[1] was a judge of the Federal Court in Canada. Camp was was the subject of a high-profile removal hearing before the Canadian Judicial Council for his role in a 2014 sexual assault trial that he presided over, which later recommended that he be removed from the bench.[2]

Early life and education

Camp was born and grew up in South Africa.[3][4] He graduated with a bachelor's degree in commerce in 1973, and a bachelor of laws in 1975, from Stellenbosch University.[5]

Career

From 1978 to 1997, Camp was a member of the Johannesburg Bar, where he was an advocate of the Supreme Court of the Transvaal.[5] From 1992 to 1998, he worked in Gaborone, Botswana.[5]

In 1998, he moved to Calgary and continued to work as a lawyer.[5] Camp worked as a civil litigator, primarily in the areas of contracts, trust, oil and gas law.[6]

In 2012, he was appointed as a judge to the Criminal Division of the Provincial Court of Alberta.[1][6] On June 26, 2015, despite the controversy over a 2014 sexual assault trial, Conservative Justice Minister Peter MacKay appointed Camp to the Federal Court of Canada.[7]

2014 sexual assault trial

In 2014, Camp was presiding over a sexual assault trial. When the alleged rape victim was testifying, Camp asked her why she "couldn't just keep [her] knees together" or "sink your bottom" into the bathroom sink to avoid being raped.[6][8] Camp also described her as "the accused" throughout the trial,[9] criticized her for not screaming while the alleged assault took place,[10] and suggested she wanted to have sex.[11] He also said that ""sex and pain sometimes go together, that — that's not necessarily a bad thing."[7] Camp later acquitted the defendant Alexander Wagar.[12]

After acquitting him, he told the defendant, "I want you to tell your friends, your male friends, that they have to be far more gentle with women. They have to be far more patient. And they have to be very careful. To protect themselves, they have to be very careful." [13]

In October 2015, the Court of Appeal of Alberta reversed Camp's decision, and said that Camp seemed to not understand the laws on consent and an alleged rape victim's sexual activity, and that judge may have used "sexual stereotypes and stereotypical myths, which have long since been discredited."[14]

In November 2015, four Alberta law professors made a complaint about Camp's conduct to the Canadian Judicial Council.[8][1] Thirty different groups and people also later made complaints to the council.[7] Critics called the comments "misogynistic" and Camp a "rape myth propagator."[15]

On December 22, 2015, Alberta Attorney General Kathleen Ganley ordered the CJC to hold an inquiry.[8][16] The hearing was only the eleventh time in the 45-year history of the CJC that an inquiry was held, and in only two of those cases did the CJC recommend removal.[14] The committee assigned to hear the case was made up of three judges and two lawyers.[12] The Federal Court announced that Camp would not hear any cases involving sexual assault while the council investigated.[7]

Hearing

The hearing was held in September 2016. The alleged sexual assault victim testified at Camp's hearing, saying his comments had left her feeling confused, guilty and suicidal.[14] Camp apologized at the hearing, and said that he had undergone counseling with experts to improve his understandings of sexual assault.[17] He acknowledged that his knowledge of Canadian criminal law while he served as a judge at the sexual assault was "non-existent."[3] University of Toronto law professor Brenda Cossman testified in Camp's defense, saying that while Camp's remarks insensitive, they were part of his attempts to get clarity on the details.

Committee decision

On November 29, 2016, the committee unanimously recommended that Camp be removed from the bench.[2] The committee concluded that "Camp’s conduct is so manifestly and profoundly destructive of the concept of the impartiality, integrity and independence of the judicial role that public confidence is sufficiently undermined to render the judge incapable of executing the judicial office."[18]

References

  1. ^ a b c "Agreed Statement of Facts" (PDF). Canadian Judicial Council. 2016-09-08. Retrieved 2016-09-13.
  2. ^ a b Fletcher, Robson (2016-11-30). "Federal Court Justice Robin Camp should be removed from bench, judicial committee recommends". CBC.ca. Retrieved 2016-11-30.
  3. ^ a b Graveland, Bill (2016-09-12). "Judge in 'knees together' case admits 'non-existent' knowledge of criminal law". Edmonton Journal. Canadian Press. Retrieved 2016-09-14.
  4. ^ Martin, Kevin (2016-09-10). "'I was rude and insulting' admits Justice Robin Camp". Calgary Herald. Retrieved 2016-09-13.
  5. ^ a b c d "The Honourable Robin Camp". Federal Court of Canada. Retrieved 2016-09-08.
  6. ^ a b c Blatchford, Christie. "Judge was wildly unfamiliar not just with sexual assault law, but with criminal law itself". National Post. Retrieved 2016-09-08.
  7. ^ a b c d "Judge's rape case remarks led to appeal, but didn't stop Federal Court appointment". CBC News. Retrieved 2016-09-08.
  8. ^ a b c "'He's not a misogynist, he's not a racist,' mentor says of Justice Robin Camp at inquiry". CBC News. Retrieved 2016-09-08.
  9. ^ Tucker, Erika. "21 other judges have made offensive comments to complainants without removal, so Robin Camp should stay: lawyer". Retrieved 2016-09-08.
  10. ^ O'Neill, Marnie. "'Why couldn't you just keep your knees together?'". News.com.au. Retrieved 2016-09-08.
  11. ^ "Judge apologizes for asking accuser in rape case why she couldn't keep her knees together". Washington Post. Retrieved 2016-09-13.
  12. ^ a b Martin, Kevin. "'He made me hate myself,' victim says of Justice Robin Camp in rape comments controversy". Calgary Sun. Retrieved 2016-09-08.
  13. ^ CNN, AJ Willingham and Carma Hassan. "Judge to woman in rape case: 'Why couldn't you just keep your knees together?'". {{cite web}}: |last= has generic name (help)
  14. ^ a b c Markusoff, Jason (2016-09-07). "What's at stake in the case of Justice Robin Camp". Macleans. Retrieved 2016-09-08.
  15. ^ "'Keep Your Knees Together' Judge Robin Camp Is Too Incompetent to Remain on the Bench". VICE Canada. 2016-09-13. Retrieved 2016-09-14.
  16. ^ Schmitz, Cristin. "Growing calls for reform in way those who judge others are judged". Lawyers Weekly. Retrieved 2016-09-09.
  17. ^ Crawford, Alison. "Judge who berated sex assault complainant will fight at hearing to stay in his job". CBC News. Retrieved 2016-09-08.
  18. ^ "Judicial council recommends removal of 'knees together' judge Robin Camp". Toronto Star. The Canadian Press. Retrieved 2016-12-01.
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