The Quebec Disciplinary Council ordered a $3,000 fine for conduct during an out-of-court examination

The act alleged against the respondent was committed during an out-of-court interrogation, in the context of civil proceedings for injunction and damages brought by the respondent’s client […] against his former sexual partner, the complainant.

During the interrogation, the respondent told the complainant’s lawyer: “He would have had my fist in his mouth too.”

This comment is directed towards the complainant.

At the end of the interrogation, the respondent apologizes to the complainant’s lawyer, but deliberately refuses to address them to the complainant himself. He states:

Mr. Marc Michaud 

Attorney for the applicant:

No, don’t finish. I want to apologize for my attitude earlier. I got… I got a little… I got a little out of control.  The story about the punch in the mouth, it was very inappropriate.  But that’s the attitude I would have had if he [the respondent’s client] had been my son. But I don’t think it had to be, so I apologize.  But I’m not apologizing to the gentleman there. I’m apologizing to my colleague .

Respondent proposed a reprimand

He has no disciplinary record after many years of career. According to him, the risk of reoffending is zero and the disciplinary process has produced its effects.

At the guilty hearing, the respondent testified that he was tired and exhausted during the interrogation and that his client was feverish and anxious. He then admitted: “I may have gotten a little carried away.”

The Council

The Council cannot ignore the fact that, by his remarks, the respondent endorses the idea that it would have been appropriate to physically attack the complainant. Worse, the respondent apologizes only to his colleague, carefully avoiding doing so to the person concerned, thereby leaving the idea in the latter’s mind that such an action is not reprehensible. This type of threat goes far beyond the situations examined in the authorities cited by the respondent.

Violence, whether verbal or physical, has no place in the justice system, especially when it comes from a judicial officer.

Taking into account all the facts specific to the case, in particular the violent nature of the respondent’s reprehensible comment, the Council considers that a fine of $3,000 constitutes an appropriate sanction in the circumstances.

(Mike Frisch)