Committee says 'knees together' judge Robin Camp should lose his job

An inquiry committee of the Canadian Judicial Council has recommended the removal of a judge over controversial comments he made in a sex assault trial.

Court transcripts show Robin Camp called the complainant "the accused" throughout the trial, suggested her attempts to fend off her alleged attacker were feeble and asked her "why couldn't you just keep your knees together?" He also told her "pain and sex sometimes go together."

Camp acquitted the man, Alexander Wagar, but the verdict was overturned on appeal and a new trial was ordered. Testimony in the retrial wrapped up earlier this month.

"We conclude that Justice Camp's conduct ... was 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," the committee said in its recommendation released Wednesday. "Accordingly, the inquiry committee expresses the unanimous view that a recommendation by council for Justice Camp's removal is warranted."

Related: Why the Robin Camp hearing is about more than one judge’s sexist comments

The committee also said Camp "relied on discredited myths and stereotypes about women and victim-blaming during the trial and in his reasons for judgment.

"Accordingly, we find that Justice Camp committed misconduct and placed himself, by his conduct, in a position incompatible with the due execution of the office of judge."

At a hearing earlier this year, Camp apologized for what he called his rude and insulting attitude toward the then 19-year-old woman when he was a provincial court judge in Calgary in 2014. The hearing heard that Camp had undergone sensitivity training and counselling with a superior court judge, a psychologist and an expert in sexual assault law. He admitted in testimony that he had made mistakes, but said he was willing to learn from them and wanted to remain on the bench. The committee said that didn't make up for his comments.

"In these circumstances, the impact of an after-the-fact commitment to education and reform as an adequate remedial measure is significantly diminished."

It's now up to the Canadian Judicial Council to decide whether the recommendation should be taken to the federal justice minister, who has final say on whether Camp should lose his job.

More: Three babies, three doorsteps: cracking a 40-year-old mystery Women of the year: 12 Canadians who rocked 2016 12 festive flats to wear to a holiday party