Quebec judge fails in bid to appeal reprimand over comments about sex assault victim

OTTAWA — A former Quebec court judge has failed in his attempt to overturn a reprimand he received over comments suggesting a 17-year-old victim of sexual assault might have been a flattered by the interest shown in her.

The Supreme Court of Canada today refused to hear an appeal from Jean-Paul Braun, who retired from the bench in 2018. 

Braun’s remarks about the victim’s attitude, weight and appearance were recorded in court in May 2017 during the trial of a taxi driver convicted of sexually assaulting the teenage girl.

Braun said during the trial that the victim was “a little overweight,” but she had a pretty face and was maybe “a bit flattered” by the attention received from her assailant.

Quebec’s judicial council, the Conseil de la magistrature du Québec, issued a reprimand in May 2019, finding that Braun had failed in his duty to fulfil his role with integrity and honour and in his duty of discretion.

Braun had sought to appeal the council’s reprimand, arguing the decision was likely to compromise judges’ freedom of expression and their independence.

The request was initially denied last October by Quebec Superior Court Justice Stéphane Lacoste, before being dismissed once again in January by Quebec Court of Appeal Justice Christine Baudouin.

Baudouin said in her ruling that while she agreed judges must be free to express themselves, their comments must not “derogate from their ethical obligations and undermine public confidence in the judiciary and judicial institutions.”

Braun took his attempt to appeal to the Supreme Court but saw his request dismissed. The court, as is its standard practice, did not give reasons for its refusal to hear the case.

This report by The Canadian Press was first published on Aug. 12, 2021.

The Canadian Press