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Douglas denies charges ahead of hearing
Justice Lori Douglas
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Manitoba Court of Queen’s Bench Justice Lori Douglas is speaking out in advance of a Canadian Judicial Council inquiry which will decide if she is fit to remain behind the bench.
Douglas filed a detailed response Thursday to the official "notice of allegations" which have been laid against her. She specifically denies four charges which will be the subject of the hearing set to begin next month in Winnipeg.
"(Douglas) has been faced with tremendous embarrassment, and humiliation as her bench, the bar and members of the public have been presented with one-sided distorted accounts of the events relevant to the complaints raised against her," the nine-page document states.
Douglas says she was a victim of her own husband, Winnipeg lawyer Jack King, who admits handing out nude photos of Douglas to one of his former clients, Alex Chapman. The incidents occurred in 2003 before Douglas was a judge.
"The notice of allegation states that Ms. Douglas knowingly participated with King in the sexual harassment of Chapman. This charge against (her) is a complete fabrication. She has been the victim of wrongdoing by both her husband and Chapman," her lawyers say.
Douglas further accuses Chapman of trying to use her husband’s "aberrant behaviour" as an opportunity to extort money from him. She called allegations she met twice with Chapman for a sexual purpose "complete fabrications."
Chapman and King agreed to a $25,000 confidentiality settlement in 2003, but Chapman re-emerged in 2010 and filed a $67-million lawsuit against the couple and the law firm where they worked. The lawsuit was later dropped, and King pleaded guilty to a Law Society of Manitoba charge of professional misconduct. He was reprimanded and ordered to pay $13,650 in legal fees and has since returned to his practice.
Douglas has been on leave from the bench since August 2010 while the CJC investigation has been ongoing.
Douglas was appointed to the bench in 2005. One of the questions by the selection committee was whether there was anything in her past or present which could reflect negatively on her or the judiciary. Douglas answered "No," which now forms the basis of one of the CJC allegations.
Douglas defended that charge, saying the facts of what happened "were well known in the legal community" and even by the judicial committee which appointed her -- right down to details about the nude photo which Douglas describes as "graphic, explicit pictures including bondage."Even the Chief Justice of the Manitoba Court of Queen’s Bench was aware of the issue and supported her bid to become a judge, the documents state.
"Senior members of the bench and bar made it clear to Ms. Douglas that her husband’s conduct did not reflect negatively on her. She was urged by them to apply for judicial appointment," her lawyers say. Douglas believed the nude photos of her had been destroyed as a result of the 2003 settlement between King and Chapman and had no reason to think otherwise.
Douglas also takes issue with allegations she can no longer serve in her capacity as a judge because of the public availability of the photos. She said Chapman is to blame for the exposure they have received as a result of violating the 2003 confidentiality agreement he struck with King.
"The notice of allegations raises the issue of public confidence in the judicial system. Our system of justice, including the process for disciplining judges, does not operate on the basis where the victim of wrongdoing by others is punished. The system of justice would be brought into disrepute if the victim of wrongdoing were punished," her lawyers state.
www.mikeoncrime.com
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Updated on Thursday, June 14, 2012 at 4:30 PM CDT: corrects typo in headline
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