A Quebec judge is facing intense criticism and is asking for a conduct review after granting a conditional release to a man who pleaded guilty to sexual assault and citing concerns about the man’s career.
Matthieu Poliquin was appointed to Quebec’s provincial court last year by the province’s justice minister, Simon Jolin-Barrette, and is now under fire for saying in his sentencing decision that a criminal record “would have a significant impact” on Simon Houle’s engineering career.
Houle, from Trois-Rivieres, Quebec, pleaded guilty last year to sexual assault and voyeurism.
Now, a Quebec women’s rights group is organizing a demonstration “to denounce the sentence issued by Poliquin” outside the Quebec Palace of Justice in downtown Montreal on Thursday at noon.
“We are outraged and furious at this retrograde decision that STILL defends the aggressors,” wrote the organizers of the Center Femmes d’aujourd’hui. in a Facebook event post for the rally.
“Tomorrow, join us in shouting your revolt in front of the Palace of Justice to denounce the penal system that is designed to protect abusers, their careers and their reputations to the detriment of their victims.”
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According to the court decision, the victim “was awakened by the light of a camera” to find Houle attacking her with his fingers after she had fallen asleep at a friend’s house in 2019 after a night of drinks in a bar with a Group of friends. The Canadian Press reported.
Her shirt had been lifted and her bra unclasped, the court decision said.
The woman “panicized” and went into the kitchen, where the defendant followed her and led her back to bed. A search of her phone later revealed that she had taken nine photos of her.
Houle admitted during therapy to assaulting another person in 2015, and Poliquin described that admission as troubling but said it also showed a “desire for transparency.”
Poliquin also wrote in the decision that the assault occurred “generally quickly,” adding that Houle had taken therapy seriously and sincerely regretted his actions.
“A sentence other than a discharge would have a significant impact on his career as an engineer,” the judge wrote. “It is in the general interest that the accused, a good for society, can continue his professional career.”
critics of the decision on social networks They have also been urging Canadians concerned about the judge to file a complaint with Le Conseil de la magistrature, the independent body that hears complaints about the conduct of provincial court judges in criminal cases.
At the same time, there have been calls from some on Twitter and Reddit for people to file complaints about Houle based on his guilty plea with the Ordre des ingénieurs du Québec, the professional body that accredits engineers in the province.
Despite numerous photos of complaints posted online, neither the court council nor the engineering order confirmed to Global News whether or how many complaints they have received on the matter.
“Unfortunately, I cannot answer your questions as all complaints are confidential until the Conseil de la magistrature decides, if necessary, after examining them, to carry out an investigation,” said Annie-Claude Bergeron, lawyer and secretary of the judicial council. , it’s a statement. E-mail.
A spokesman for the Ordre des ingénieurs du Québec made a similar comment.
“The Ordre des ingénieurs du Québec takes seriously the reputation and dignity associated with the title of engineer. However, under professional law, the Order cannot comment on a specific file. Investigation requests and the investigations themselves are confidential,” the spokesperson said.
In the statement, the Ordre des ingénieurs du Québec also added that anyone who witnesses a “reprehensible” act by an engineer can file a complaint and if the order decides that discipline is required after an investigation, it will be made public. the existence of a complaint.
“It should be noted that the Professional Code provides that members of professional orders, including engineers, may be subject to disciplinary action if they are found guilty or plead guilty to a criminal offence,” the statement continued.
“The sanctions to which the member guilty of a crime is exposed vary according to the seriousness of the acts committed.”
Michael Spratt, a criminal defense attorney in Ottawa, said conditional discharges in sexual assault cases have become rarer in Canadian law in recent years.
“I would say it’s exceptionally rare,” he said.
“Especially in the last five years, they are few and far between.”
Spratt said instructions issued in appellate court rulings, as well as the Supreme Court of Canada, have emphasized in recent years that sentences for sexual assault must be serious, even for first-time offenders, because of the profoundly pernicious impact that crime has on people. and society
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And while he said the use of conditional discharge in the current case seems “rare and a bit shocking,” Spratt stressed that the appropriate channel to challenge any concerns based on the ruling is the Quebec appeals court.
“We have seen this kind of backlash in other cases. It’s hard because we don’t have all the same facts that the judge has,” he said.
Spratt emphasized that there are established paths in the justice system to challenge rulings, reflecting the general reality that “judges can and do make mistakes.”
“That’s why we have appellate courts, and it’s right for the public to disagree with the decision, to express their discontent with the decision. But we have to be very careful not to criticize too much or call for the dismissal of a judge who makes a mistake. The independence of the judiciary is very important.”
He continued: “The last thing we want to see is politics being put on the bench.”
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A spokesman for Quebec’s justice minister said the province passed a law on Nov. 30, 2021, requiring anyone seeking to become a judge in the province to receive specialized training on sexual assault laws and the challenges women face. victims.
That also applies to retired judges looking to return to the bench.
The Conseil de la magistrature administers the training of judges in the province and is due to submit its first report by March 2023 on how many judges have received the training.
“The Justice Department will await the first version of this report,” Isabelle Boily, a spokeswoman for the minister’s office, said in an email on Wednesday.
Boily said Quebec’s law “goes further than federal law, in particular because it requires retired judges and retired presiding justices of the peace to have completed the training program offered by the Conseil de la magistrature when they are newly appointed to sit.” ”.
“Out of respect for the legal process, we will not comment further,” he added.
Poliquin was appointed to the bench in September 2021.
The federal government passed a law in May 2021 requiring new federally appointed judges to receive specialized training in sexual assault law as part of an effort to counter sexism and bias against sexual assault victims in the system. legal.
Justice Minister David Lametti did not comment when asked if he thinks there should be a review or study of how conditional discharges are used in sexual assault cases.
“Our Government is absolutely committed to ensuring that Canada’s criminal justice system shows compassion for victims, holds criminals accountable and upholds the Charter of Rights and Freedoms,” Lametti’s press secretary, Chantalle Aubertin, said in a statement. an email.
“Since this matter is being appealed by the DCPC, it would be inappropriate to comment.”
The DCPC is the Directeur des poursuites criminelles et pénales, or Crown Prosecutor for the province, and has confirmed that it will seek leave to appeal the decision.
— with files from Rachel Gilmore of Global and The Canadian Press.
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