The Judicial Council of Canada
Suite 450
112 Kent Street
Ottawa, Ontario
K1A 0W8

November 18, 2003

Dear Judicial Council:

Re: the ‘boys” and “Ms.” complainant

Beyond Borders Inc. is a children’s rights organization dealing with child sexual exploitation. Since 1996, Beyond Borders has monitored cases in the Canadian and international courts. Until now, we have never had occasion to report a judge to the Judicial Council.

We are writing to express our deep concern about the inappropriate and non judicial like conduct of Justice Kovach of the Saskatchewan Queen’s Bench in his charge to the jury in R. v. Kindrat and Brown on June 25, 2003.

It is incomprehensible that Justice Kovach throughout his charge would refer to the adult male accused as “the boys”. As you can see from the enclosed transcript, he did that at least 28 times! Why? Beyond Borders would appreciate an explanation.

At the same time, Justice Kovach referred to the complainant as “Ms.” as if she were an adult. “Ms.” is a feminist term generally describing adult women who are aware of their rights and ready to assert them. At the time of the offence, the victim was a 12 year old hyper-vulnerable aboriginal runaway.

Unfortunately, the continued reference to the adult accused men as “the boys” and the child complainant as “Ms.” resulted in a serious breach of the child’s rights. It blurred the reality of the age difference and diminished the gravity of the offence. Furthermore, it would not be surprising if Justice Kovach’s characterization of the accused men involved as “boys” led the jury to consider this crime as a “boys will be boys” night out. The cumulative effect of this lack of professional and judicial conduct resulted in an unfair trial biased against the child victim.

The Judge’s lack of sensitivity throughout his charge is most disturbing. We ask that the Judicial Council consider whether or not Justice Kovach is fit to preside over criminal cases involving children.

Yours truly,

Rosalind Prober,
President, Beyond Borders Inc.

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