Retired justice weighs in on training for judges amid Alberta Justice Robin Camp hearing

A hearing in Calgary centred on the conduct of an Alberta judge has brought to light the issue of training for judges.

Justice Robin Camp, who asked a sexual assault complainant why she couldn’t keep her knees closed during a 2014 trial, is facing being removed from the bench at a hearing.

Camp’s lawyer has argued Camp wasn’t properly trained about the crime of sexual assault or how to conduct a sexual assault trial.

READ MORE: Alberta Justice Robin Camp to speak Friday at hearing over ‘knees together’ comment

Newly appointed judges in Alberta attend a New Judges’ Education Program within their first year on the bench through the Canadian Association of Provincial Court Judges and within the first two years attend the Newly-Appointed Provincial and Territorial Judges Skills Seminar. There are also a list of other educational courses and programs they can participate in through the Canadian Association of Provincial Court Judges, the Canadian Institute for the Administration of Justice, and the Canadian Bar Association, among others.

Additionally, new judges are required to shadow experienced judges. Last year, a formal mentoring program was implemented for all newly appointed judges, and judges are given an annual allowance for other education courses or to buy material to improve their knowledge of law.

Retired Justice Allan Wachowich said it can be a very steep learning curve for newly appointed judges, and that needs to be taken into consideration when assigning judges to cases.

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“What they try to do is they try to wean them in, if I can use that expression, by giving them easier cases at the beginning so they can get used to the procedure, as well as being trained in the law,” Wachowich said.

Watch below: Alberta Justice Robin Camp appeared Friday before a Canadian judicial inquiry where he repeatedly apologized for comments he made in 2014 when he asked a sexual assault complainant why she couldn’t keep her knees together. The hearing is raising questions about exactly how much training justices get once they’re named to the bench. Tom Vernon reports.

1:59 How much training do Alberta judges receive?

During the 2014 sexual assault trial, court transcripts show Camp questioned the woman’s morals, suggested her attempts to fight off her attacker were feeble and described her as “the accused” throughout the trial.

Camp acquitted a man of sexually assaulting a 19-year-old girl after deciding the man’s version of events was more credible.

READ MORE: Alberta judge who asked sex assault complainant about keeping her knees closed has changed, says mentor

“That can happen, maybe just once, but to do it repeatedly? I think it’s an indication that you really haven’t had any training and it’s not fair to the system, it’s not fair to the individual, it’s not fair to the victim,” Wachowich said.

Wachowich said it’s not unprecedented for judges to make mistakes.

“We will have incidents such as this, maybe not as grievous or with such high publicity as this particular case, but you’re bound to get some of this in a human system.”

The Ministry of Justice and Solicitor General released the following statement about the issue:

“Our department continues to follow the ongoing hearing into Justice Camp’s conduct in court – which was initiated by a formal request from Minister (Kathleen) Ganley. To respect the independence of the courts, it is the judiciary themselves who are responsible for assessing their needs and requirements for training and education, which is provided by and through judicial colleagues and organizations such as the Alberta Provincial Judges Association, the Canadian Association of Provincial Court Judges and the National Judicial Institute.”

The panel hearing the complaint against him will forward a recommendation to the full Canadian Judicial Council. The council will then forward its final recommendation to the federal justice minister but removing a judge from the bench requires a vote of both houses of Parliament.