Quebec judge fires on discharge of sexual assault due to career impact

Quebec judges faced intense criticism, after admitting a man who pleaded guilty to sexual assault toconditional dischargeAfter expressing concerns about his career, he calls for a review of his behavior.

Matthieu Poliquin was appointed to the state court of Quebec by the State Minister of Justice Simon Jolin-Barrette last year, and his criminal record "had a major impact on Simon Jolin's engineering career.

Trois Rivieres, Houle of Kenya, pleaded guilty to sexual assault and voyeurism last year. At noon, we are holding a rally "condemning Polykin's ruling" outside Palais de Justice, Quebec, in downtown Montreal.

"We are resentful and furious at this retrograde decision that we are still defending the invaders," said Center Femmes d'aujourd'hui organizer at Larry's Facebook event.

"Tomorrow in front of the courthouse with us Cry your rebellion and blame the abusers, their careers, and the criminal system designed to protect their careers. Reputation for damaging victims. "

Read more: A group of victims in Quebec were surprised after a man was conditionally discharged from the hospital for sexual assault

in court According to the ruling, the victim "woke up with the light of the camera," after drinking overnight at the bar with a group of friends and falling asleep at a friend's house in 2019, Houle fingered. I found it attacking her.

Her shirt was lifted and her bra was loosened, a court ruling said.

The woman went "in a hurry" to the kitchen, where the accused chased her and put her back in bed. A search on his cell phone will later reveal that he took nine pictures.

Houle admitted that he had assaulted another person during treatment in 2015 and said Poliquin was concerned about his hospitalization, but also said he had "a desire for transparency." rice field.

Polykin also wrote the decision that the assault happened "as a whole quickly", adding that Houle took the treatment seriously and deeply regretted his actions.

"A judgment other than discharge will have a significant impact on his career as an engineer," the judge wrote. "It is a general benefit for the defendant, a social asset, to be able to continue his professional career."

Social Media Decision Criticsis also an independent body that hears complaints about the actions of local court judges in criminal cases from Canadians concerned about judges. Complaints about LeConseildelamagistrature.

At the same time, Twitter andReddithave asked to file a complaint about Houle based on their guilty plea to the specialized institution Ordredesingénieurs du Québec. It certifies state engineers.

Despite the large number of photos of complaints posted online, neither the Judicial Council nor the Engineering Order confirmed in Global News whether or how many complaints were received regarding this issue.

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"Unfortunately, all complaints are kept secret until the Conseil de la magistrature decides as needed. I can't answer the question because of that, to do the investigation after doing the investigation, "said Annie Claude Bergeron, lawyer and secretary of the judicial council, in an email.

A spokesman for Ordredesingénieurs du Québec provided similar comments.

"Ordredesingénieurs du Québec takes the reputation and dignity associated with the title of engineer seriously, although expert law does not allow orders to be commented on a particular file. The investigation itself is kept secret. "

In a statement, Ordredesingénieurs du Québec also complained to anyone who witnessed an act of being "accused" by an engineer. In addition, if it is determined that disciplinary action is necessary as a result of the investigation, we will announce the existence of complaints.

"Expert Law may be subject to disciplinary action if a member of an expert order, including a technician, is found guilty or convicted of a criminal offense. It should be noted that it stipulates that there is, "the statement continued.

"The sanctions to which a member guilty of a violation is exposed depends on the seriousness of the act done."

Michael Splat, Ottawa, conditional discharge in sexual assault case Said that in recent years it has become more rare under Canadian law.

"I think it's very unusual," he said.

"Especially in the last five years, they are insignificant and in between."

Spratt said that the instructions issued by the Court of Appeals and the Supreme Court of Canada are: The impact of crimes on individuals and society, stating that the sexual assault ruling is so harmful that it should be serious even for first-time criminals.

Read more: The new bill allows Judges in Alberta to be trained in sexual assault law and allow stereotypes. Seeking

And he said the use of conditional discharge in the current case appears to be "exceptional and a bit shocking," but Spratt ruled. He emphasized that the appropriate route to challenge concerns about the grounds of the case is the Court of Appeals in Quebec.

"In other cases we have seen this kind of backlash. It's difficult because we don't have all the same facts that judges have," he said.

Spratt emphasized that there is an established path in the judicial system to challenge the judgment. This reflects the general reality that judges can make mistakes and make mistakes.

"That's why we have a court of appeal, and it's right for the public to oppose the decision and complain about the decision, but overly dismissing the judge who made the mistake. Great care must be taken not to criticize or ask. The independence of the judiciary is very important. "

He continued: "The last thing we want to see is to bring politics to the bench."

Read more: Four years later, a bill requiring a new judge to be trained in sexual assault will be legislated. The law was passed on November 30, 2014, requiring anyone seeking to become a state judge to receive professional training in sexual assault law and the challenges facing victims. Stated.

This also applies to retired judges who are about to return to the bench.

Conseil de la magistrature manages the training of judges in the state and must submit the first report on the number of trained judges by March 2023.

"The Justice Department is looking forward to the first version of this report," Isabel Boyley, a spokesman for the minister's office, said in an email Wednesday.

Mr. Boyley said Quebec's law is "more advanced than federal law, especially provided by the Conseil de lamagistrature when a retired judge and a retired justice of the peace are appointed. I have to complete a training program to do. Sit down. "

" I will not comment any further to respect the legal process, "she added.

Polykin was appointed to the bench in September 2021.

The federal government passed a law requiring a new federal government in May 2021 as part of efforts to combat prejudice against victims of sex discrimination and sexual assault in the legal system. A judge was appointed to receive specialized training in the law of assault.

When Justice Minister David Rametti was asked if he believed he needed a review or study of how conditional discharge would be used in the case of sexual assault. I didn't comment.

"Our government is committed to ensuring that Canada's criminal justice system is compassionate to victims, seeks explanations from criminals, and upholds the Charter of Liberties and Freedom. "We are," said Chantal Obertan, a spokesman for Rametti, in an email.

"It is inappropriate to comment given that this issue has been appealed by DCPC."

DCPC is a Directeur des poursuites criminelle set pénales or state prosecutor. , Make sure to ask for a vacation to appeal against the decision.

— Using files from the global Rachel Gilmour and theCanadian Press.

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