The Quebec Court of Appeal has granted a motion on Friday to dismiss Just For Laughs founder Gilbert Rozon request to stop a new law that would limit the questions his defence can ask in his civil trial for alleged sexual assault.
Last month, Quebec Superior Court Justice Chantal Tremblay drew on a new provincial law that limits the type of questions that can be asked to victims or witnesses in civil trials for sexual assault, as well as the evidence that can be introduced.
The law, based on changes last year to the Quebec Civil Code, provides for “a presumption of irrelevance of proof based on myths and stereotypes recognized in criminal law.”
This would restrict questions that suggest an alleged victim’s sexual past or their decision to stay in contact with an alleged abuser harms their credibility.
Rozon’s lawyers have claimed that Tremblay’s decision would limit his right to mount a defence against the allegations.
In filing their appeal, Rozon’s team said they wanted to challenge the constitutionality of the law, with Rozon denying that he was trying to delay the trial.
The case, he said on Monday, has been going on for eight years and, “it’s not in my interest to drag it any longer.”
Meanwhile, the plaintiffs stated that they were prepared to withdraw their right under the new section of the law to allow the trial, which was suspended pending a decision, to continue.
Rozon, 70, is being sued by nine women for nearly $14 million in damages over allegations of sexual assault and misconduct.
All the women suing him have testified about their experiences and have faced cross-examination.
The case has also heard from dozens of witnesses who have backed up the allegations.
Rozon’s lawyers have not begun presenting their evidence.
The civil lawsuit is the latest in a winding legal battle that began as a class action but was converted into individual suits after a 2020 Quebec Court of Appeal ruling.
Also in 2020, a Quebec court judge found Rozon not guilty of rape and indecent assault in connection with events alleged to have taken place in 1980 involving Annick Charette.
Hers was the only complaint that made it to a criminal trial as the prosecution declined to press charges in 13 other cases.
Following Court of Appeal Judge Guy Gagnon’s decision on Friday, the civil trial can now resume, and is expected to do so next week.
With files from The Canadian Press.
