N.S. judge reprimanded for conduct had undiagnosed mental disorder, review says

A Nova Scotia judge who has been under scrutiny for his comments and actions in several cases has received a reprimand, but will not face a judicial council hearing that could have led to his removal from the bench.

The majority of a three-person review committee found that Judge Alain Bégin was suffering from an undiagnosed mental disorder at the time of his misconduct, but has since sought treatment and the illness is now in “remission.” The report did not disclose the specific disorder Bégin was dealing with.

“The relationship between Judge Bégin’s personal medical issues and his conduct was a key factor in the majority’s decision not to remove him from office,” the report stated. “While his illness does not excuse his behavior, it does help to explain why the misconduct occurred.”

The investigation focused on complaints against Bégin in three separate cases. In one instance, he referred to a man on trial for abusing his stepdaughter as a “sexual deviant” and expressed his belief in the man’s guilt before final arguments were made. This led to difficulties during the appeal process as Bégin had restricted access to the trial recording, claiming his comments were “off the record.”

In another case, the Court of Appeal criticized Bégin for his conduct, calling it “offensive to societal notions of fair play.” Bégin had called witnesses from the Mi’kmaw Legal Support Network to counter allegations of bias against Indigenous offenders, despite requests for him to recuse himself from the case. The Court of Appeal found no evidence to support the bias claims.

In a third case, Bégin made remarks minimizing the severity of a sexual assault, referring to it as an “aggressive pass.”

Bégin admitted to the serious misconduct and agreed to a reprimand, issuing apologies to those affected, continuing treatment for his mental illness, receiving mentoring from a senior judge, and undergoing additional training. His lawyer, Frank Addario, stated that Bégin acknowledges his wrongdoing and has returned to the bench after taking time off for treatment.

The committee was split in its decision not to proceed with a judicial council hearing. While one member argued for a hearing, citing the need for transparency and accountability, the majority felt that Bégin’s removal from office was not necessary. Letters of support from four judges, including Chief provincial court Judge Perry Borden, were taken into consideration.

After a year-long medical leave, Bégin resumed his duties as a judge in Dartmouth. The majority decision concluded that the agreed resolution would uphold public confidence in Bégin’s ability to serve as a judge and in the administration of justice overall.