N.S. judge given reprimand, agrees to treatment after review of complaints

Nova Scotia's provincial flag flies in Ottawa, July 3, 2020. (THE CANADIAN PRESS/Adrian Wyld)

HALIFAX — A Nova Scotia provincial court judge has been sanctioned for his conduct on the bench, with a review committee concluding that undiagnosed mental health issues were a factor in his behaviour.

Judge Alain Begin was investigated for his conduct in three cases. In one of them, Begin said before final arguments in court that the accused was a “sexual deviant” and that he had “no doubt” the defendant was guilty of sexual assault. Then, the judge tried to have those comments stricken from the court record.

The defendant in the case was convicted of sexual assault, invitation to sexual touching and sexual touching, but the ruling was overturned on appeal.

The Nova Scotia Court of Appeal ordered a new trial based on a reasonable apprehension of bias. As well, the court said Begin had improperly removed his comments from the court record based on a non-existent legal privilege.

At the time, Begin argued that his comments had been made off the record -- an argument in conflict with the principle of open courts.

In a report released Thursday, the judge was found to have shown bias in two other cases.

In the second case he downplayed the seriousness of a sexual assault, telling the offender that what she had done was simply an “aggressive pass.” And in a sexual assault trial he made inappropriate comments about Indigenous offenders and treated a defence attorney poorly.

A statement from the Nova Scotia judiciary said Begin agreed to the recommended resolutions for the complaints in all three cases that he had presided over in Truro, N.S.

The release of the report brings the disciplinary process to an end. The committee concluded that his actions could be considered judicial misconduct in all three cases.

A majority of the committee members, composed of a provincial court judge, a lawyer, and a public representative chosen by the chief justice of the province’s Supreme Court, concluded that Begin should not be suspended or dismissed and that there was no concern for the ongoing administration of justice.

However, one of the three panel members felt the case should have been brought before the Nova Scotia Judicial Council for a hearing.

Begin agreed to apologize, to take part in professional development activities, and to continue receiving treatment for a mental health disorder, which the report notes was undiagnosed at the time of his ethical breaches.

The judge took a brief medical leave, returning to the bench part time in March 2024 and full time last June, without incident.

This report by The Canadian Press was first published March 27, 2025.