Gilbert Rozon will use a rather unusual defense in the civil trial which will pit him, starting in December, against nine women who allege to have been victims of sexual assault at his hands. His lawyers will try nothing more and nothing less to invalidate an article of law, under the pretext that it violates the fundamental rights of the fallen humor mogul.
On October 3, Gilbert Rozon’s lawyers notified the Attorney General of Quebec that they intended to argue the unconstitutionality of an article of law adopted by the CAQ government in June 2020. This article of law abolished the civil limitation period in matters of sexual or domestic violence.
Since then, there is no longer a time limit for filing a civil lawsuit in order to obtain compensation (there was already no limitation period in cases of criminal prosecution). An alleged victim can therefore initiate civil legal proceedings even if the alleged events date back more than 30 years.
By abolishing the limitation period, François Legault’s government responded “to a long-standing request from several groups defending the interests of victims, the Québec Ombudsman and the Barreau du Québec as well as the motions adopted unanimously at the National Assembly,” according to a press release issued at the time.
No one then stepped up to the plate. On the contrary, the legislative modification was the subject of a broad consensus within Quebec society.
Four years later, however, it would seem that the abolition of the limitation period constitutes nothing less than an intolerable violation of the fundamental rights and freedoms of Gilbert Rozon “and of any person placed in the same situation”, write his lawyers in their request.
The imprescriptibility of an appeal against Mr. Rozon would violate his “right to psychological security”, his lawyers still argue. Worse, she would be transgressing her right “to protect her dignity, her honor and her reputation”.
The lawyers are bluntly asking the court to invalidate the problematic article of law by declaring it “unconstitutional and unenforceable”.
Their arguments are not entirely far-fetched. We can imagine that it is more difficult to defend ourselves when the events we are accused of occurred more than three decades ago. “The destruction or loss of evidence and the unavailability of witnesses or exculpatory evidence, through no fault of the defendant, seriously undermines the defendant’s right to full answer and defence,” they write.
The problem is that when it comes to sexual assault, we know very well that it sometimes takes victims many years before they find the courage to report. Before its abolition, the limitation period too often had the effect of protecting their attackers.
Criminally, Gilbert Rozon was only accused of one sexual assault – that of Annick Charette, who had filed a complaint for events that occurred around 1980, in the Laurentians.
PHOTO OLIVIER JEAN, LA PRESSE ARCHIVES
Annick Charette
At the trial, Mr. Rozon pleaded that he was the victim. “As surprising as it may seem, I woke up around 7 a.m. and I had [la plaignante] astride me,” he told the court. Annick Charette was “making love” in a state of “trance”, he added. “I found it strange. »
Strange, indeed. Not to say improbable.
But, since it was a criminal trial, Gilbert Rozon’s lawyers only had to sow reasonable doubt in the judge’s mind to obtain the acquittal of their famous client. And they succeeded.
Revealing extract from the judgment, rendered on December 15, 2020: “The Court cannot deprive Mr. Rozon of reasonable doubt on the question of credibility, even if his version appears less plausible than that of [la plaignante]. »
Annick Charette turned to a civil court to obtain compensation. Eight other women did the same. They will not have to prove Mr. Rozon’s guilt beyond a reasonable doubt, as in a criminal case. The burden of proof will be lower. They will only have to convince the court that their version of the facts is the most probable.
They now hope to obtain justice. Provided, of course, that the article of law which allowed them to bring this lawsuit is not invalidated in Superior Court.
The Quebec state is therefore invited to get involved in the Rozon affair.
We can already imagine that the prosecutors of the Ministry of Justice will pull out all the stops to defend the constitutionality of the law at the trial, which will begin on December 9.
It must be said that the Minister of Justice, Simon Jolin-Barrette, has been carrying this issue for a long time. In March 2016, when he was still an opposition MP, he tabled a bill aimed at abolishing the civil limitation period for sexual assault.
Four years later, his government amended the law, emphasizing that “victims should not see their efforts for greater justice hampered by an unnecessary limitation period.” Everyone applauded.
Minister Jolin-Barrette has repeatedly pleaded for better state support for victims of sexual assault. Obviously, the issue is close to his heart. He will not easily give up this law. To support him, he will have a very strong social wind at his back.