Obiter Dicta Issue 6 - November 17, 2014 | Page 3

NEWS Monday, November 17, 2014   3 A Tale of Two Sex Scandals Douglas, Ghomeshi, and Process in Sexual Assault esther mendelsohn › staff writer T’ wa s t he be st of times for sexual predators, t’was the worst of times for the women upon which they prey. A female judge faces removal from the bench for an incident involving nude photos which were shown and distributed online without her knowledge or consent. She has been the subject of a pernicious and protracted inquiry for over two and a half years. Meanwhile, in the Twitterverse, Jian Ghomeshi’s fans and supporters are decrying the supposed lack of due process in his termination from the CBC. Court of Queen’s Bench Associate Chief Justice Lori Douglas has been at the centre of a nude photo scandal that has rocked the Manitoba judiciary for over four years. Her trespass? Allowing her husband to take nude photos of her. Her husband, Jack King, who was also a lawyer and has since passed away, then showed the photos, without her knowledge or consent, to a male client in a bid to entice him into having sex with his wife—again, unbeknownst to her. After Justice Douglas was appointed to the Manitoba bench, the client claimed Mr. King’s actions constituted sexual harassment and filed a $67 million law suit and a formal complaint with Canadian Judicial Council, but he settled for $25,000 with a promise to destroy and never distribute the photos. He then proceeded to distribute the photos. Before the scandal broke, and leading up to her appointment, Justice Douglas duly disclosed the existence of the photos to the appointment committee. In fact, it was a well-known secret. She is now being accused of not disclosing this fact and of altering her personal diary when she learned of the inquiry. The inquiry, set up by the CJC, has been plagued with accusations of bias and mass resignations. The new panel consists of three senior judges—all male. Delays and debates about costs have characterized the inquiry, and there seems to be no end in sight. Even though the panel has admitted that the allegations are weak, they insist on marching on. Now the panel wants to see the photos. To show them again, even to the panel members alone, would be a gross infringement on her privacy, a fresh violation of her sexual integrity, and utterly irrelevant to the matter at hand. The main problem with her conduct, ostensibly at least, is that she allegedly tried to cover up the existence of the photos. (Even if she did, she did so in the context of a society which devalues women’s work, misunderstands and misrepresents women’s sexuality, and simultaneously sexualizes and objectifies women while demanding that they remain chaste.) Seeing the pictures will not elucidate any proof of whether or not Justice Douglas disclosed their existence. The chill effect is glaringly obvious. How are we supposed to have a representative bench (and bar) if a female judge is being lambasted for things she chooses to do in her private life wh