Status of Women committee  There are thousands and thousands of cases decided by judges every year. We may have a difference of opinion on that, but I do agree that there are gaps. There have always been gaps. However, since the early 1990s, it is the CJC that has taken the leadership in identifying the need for social context education, building on the work of such people as Claire L'Heureux-Dubé, and famous scholars in the field of gender equality.

Status of Women committee  Thank you. The CJC proposal is to make candidates commit to taking this type of education. The reason we've made this proposal, which we've communicated to the Minister of Justice, is that we see it as linking the ethical obligations of judges with respect to professional development with their appointment if they are successful.

Status of Women committee  Absolutely. As far as I know—I'm not the expert—the course content is not.... The education committee of the CJC works very hard at overseeing the development of every course that is offered to judges. The committee always look at who is on the committee that creates the development course, and, contrary to what may have been perceived by some, it's not just a bunch of judges and lawyers.

Status of Women committee  If I may answer, I think this is absolutely a legitimate concern. I have to say that the genesis of the video capsules at the outset was to try to find a way to reach out to provincially appointed judges, for which we don't have the funding or the mandate. It was very much an additional tool.

Status of Women committee  One thing I can say is that the CJC is keen to make more information available publicly. We've had immense resource constraints in the past, but with the recent federal budget, we're very pleased to look forward to additional funds for publication of these things. Number one, we want to give an overview of each course that will be delivered to judges.

Status of Women committee  I would just say, Madam Chair, that in the CJC position paper on Bill C-337 we do map out from a quantitative perspective that the CJC intends to publish the title, description, and overview of all education seminars approved by the CJC in the preceding year. We propose to publish the dates and duration of each seminar, and we propose to publish the number of judges who attend each seminar.

Status of Women committee  I would like to point out that the CJC expressly supports the position of the CBA on this. We think there may be concerns expressed by the judiciary down the road about a legislative requirement for written reasons and how that would be interpreted.

Status of Women committee  “Name and shame” is something I've read in the media. I think that the issue before us—we can't beat around the bush—is that the judiciary must be in charge of judicial education. The reasons for that are, I think, quite clear and have been commented upon by scholars many times.

Status of Women committee  If I might, Madam Chair, the council approaches this, really, from a policy perspective as opposed to as a mathematical issue. Ethical principles for judges provide that judges must take reasonable steps to maintain and enhance the knowledge, skills, and personal qualities necessary for judicial office.

Status of Women committee  It's 10 days of training for a normal full day.

Status of Women committee  As I mentioned, the CJC just adopted a policy for mandatory attendance by newly appointed judges, and we are discussing what else may need to be mandatory. I don't know how easy it would be to get the numbers, but I think most judges take very seriously that ethical obligation. They do participate in programs, and as Justice Kent mentioned, more senior judges will take more specialized courses so that they can manage complex commercial and criminal matters, and assist the court in getting its more difficult work done.

Status of Women committee  Madam Chair, I think that one of the consequences of great concern is one I alluded to earlier, which is to attempt to do indirectly what I think cannot be done directly—try to identify which judge decided which case and in what manner, and whether he or she was trained in “sexual assault law”.

Status of Women committee  The CJC has provided advice and recommendations to the Minister about the appointment process. We are very pleased that, overall, the council's suggestions and recommendations have been adopted. I think the process has been improved. However, there is room for further improvement.

Status of Women committee  Madam Chair, I can tell you that the accountability rests first and foremost with the judges and also with their chief justice. I'd like to explain, too, what happens when judges are appointed. First of all, I write to them and I remind them of their new ethical obligations, their professional development obligations.

Status of Women committee  I can tell you that in my 13 years at the CJC, I'm not aware of a single instance of a newly appointed judge who didn't attend the seminar for newly appointed judges; and if I were to discover that, I think it could very well become an issue of judicial conduct. The accountability mechanisms are there.