Quebec sexual assault discharge puts focus on ‘systemic’ issues, experts warn

The Simon Houle case shows the work to combat rape culture, sexual violence and systemic injustice is far from over, said the head of a Quebec women's group.

The case of a Quebec man who received a conditional discharge after pleading guilty to sexual assault highlights the need to address “systemic” issues in how courts weigh an offender’s background, career prospects and potential in such decisions, experts say.

Quebec judge Matthieu Poliquin granted the discharge to Simon Houle last month, after Houle pleaded guilty to a 2019 sexual assault of a sleeping woman. In his decision, Poliquin said Houle’s assault happened “all in all quickly” and that a criminal conviction would hamper his prospects.

“A sentence other than a discharge would have a significant impact on his career as an engineer,” Poliquin wrote, adding: “It is in the general interest that the accused, an asset for society, can continue his professional career.”

Since issuing that decision, Poliquin has been the subject of protests by hundreds of Quebecers condemning him and decrying what they have described as a lack of justice.

At least one woman held a sign suggesting Poliquin “defended” Houle rather than carrying out justice.

While Quebec prosecutors say they are appealing the conditional discharge, which was granted without Crown support, legal experts and gender equality workers say the Houle case and the judgement of Poliquin highlight important questions about the public interest and “systemic” injustice.

According to Section 730 of the Criminal Code, conditional discharges are supposed to be granted only when they are in the interest of the accused, and when they are “not contrary to the public interest.”

What that means, though, has not been clearly defined, said law professor Isabel Grant.