Bill C-5 (Historical)

An Act to amend the Judges Act and the Criminal Code

This enactment amends the Judges Act to restrict eligibility for judicial appointment to persons who undertake to participate in continuing education on matters related to sexual assault law and social context. It also amends the Judges Act to require that the Canadian Judicial Council report on seminars offered for the continuing education of judges on matters related to sexual assault law. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.

Judges Act

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I thank the member opposite for his contribution to the discussion and for the expertise that he brings to bear on it, given his past involvement in the previous Parliament and the study of Bill C-337.

I concur wholeheartedly that constitutional infirmities were pointed out in the previous incarnation of this bill, through the hard work of people in this chamber and also in the Senate. In particular, Senator Dalphond worked very closely with the judiciary on language that would be acceptable, in terms of not encroaching upon that sacrosanct principle of constitutional independence.

I believe we have landed in the right place in formalizing the requirement to be sensitized to these issues but not traversing the line, which would be to actually influence the decision-making that is being done by particular judges.

I also observe wholeheartedly the point he has made about indigenous reconciliation and the TRC's calls to action. I wanted to ask him about the social context amendment that was made at the status of women committee, and how he feels that plays into that sensitization of the judiciary that is so required in this context.

Can he flesh out his opinions on that amendment?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I regret to inform the parliamentary secretary that my memory of that particular aspect is a little hazy.

I do know that my former colleague Sheila Malcolmson, who used to be the member of Parliament for Nanaimo—Ladysmith, was our status of women critic in the previous Parliament. I would like to take this opportunity to salute the very important work she did on that committee during that time.

This was originally a bill that landed in my lap as the justice critic. She took it, as the main critic, and ran with it. I salute the work that she did because I know that all members in the status of women committee carefully listened to the 25 witnesses who came forward during those five meetings, and there was some pretty heavy testimony.

I feel confident that the members of the status of women committee listened and faithfully observed that evidence, and I think the bill they returned to the House reflected that. I look forward to seeing what the present Standing Committee on Justice and Human Rights will do once this bill is sent to it, hopefully by next week.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I wanted to speak to something related to this bill. On Vancouver Island we have the Victoria Sexual Assault Centre and clinic. I just wanted to take this opportunity, with so many members in the House concerned with this issue, to highlight that this facility is so significant and should be replicated in communities across Canada.

It is the only facility where there is a rapid response team for sexual assault victims, whether they are women or trans people who are affected by sexual assault, and it has a clinic facility that saves our health care system and reduces costs. It has a perfectly equipped, private room designed to allow police to do perfect recordings of interviews, with proper camera work and proper recording devices, and collect forensic evidence in a comfortable setting that feels like home. The clinic feels like home.

I just cannot say enough about how impressed I am by the work of the Victoria Sexual Assault Centre and clinic, and I do not know if my hon. colleague has had a chance to tour it. I would recommend it.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I have not yet had the opportunity to tour that facility, but I will take this opportunity to give a shout-out to an organization in my own riding: Cowichan Women Against Violence. It operates Somenos House in my riding, which is a transition house for women. I have toured the place, and it is a very worthwhile organization.

I think that speaks to the part of my speech where I said Bill C-5 is important, but it is only legislation. What we need is a systemic review of the entire system and how we can support complainants so they actually develop trust in our justice system.

I think the federal government would serve us well by giving worthwhile organizations, such as the one the hon. member mentioned and also Cowichan Women Against Violence in my riding, the resources they need to help some of the most disadvantaged members of our society.

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, I am grateful to have the opportunity to rise to speak to this issue. For me, like many Canadians, this is a deeply personal issue.

I am among the one in three women who has experienced sexual violence and know first-hand how the shame, guilt and stigma still persist in addressing sexual assault. I have also witnessed close friends and community members go through the legal system and struggle in dealing with the misconceptions and prejudice from support workers, police, lawyers and judges.

Having witnessed the challenges survivors face in our judicial system, many choose not to report it. Only one out of 20 sexual assault victims report to the police. A key factor for that is the lack of confidence survivors have in the judicial system to treat them fairly and to achieve a positive outcome.

For those who choose to report to the police or to pursue charges, the judicial system is rigged against them. The fear many survivors have, that they will not get fair treatment, is real and it is supported by the evidence.

There is a profound lack of trust in the legal system. Out of the estimated 460,000 sexual assaults each year in Canada, only three out of every thousand lead to a conviction. That is number is staggering; three out of 1,000.

When it comes to sexual assault, it is clear that we need a systematic review of the judicial system to stop survivors from being victimized or victim blamed, or not being informed or having reports systematically brushed aside and being badly supported by our policing and justice systems.

The Canadian justice system in its current form actually discourages sexual assault survivors or survivors of gender-based violence from coming forward. This bill seeks to take a small but important step forward in correcting the problem through training and education of judicial candidates. These future judges would get training on the current standing of sexual assault laws, namely principles of consent, conduct of sexual assault proceedings and education regarding myths and stereotypes of sexual assault complaints.

This is so important. It is a non-partisan issue. The last iteration of this bill passed unanimously in the House in the last Parliament, but was shamefully blocked by the unelected Senate. This is why the NDP agrees that legislation is needed to require judges to receive training around sexual assault.

Without taking away from the importance of the bill, which is desperately needed, we also have to acknowledge that it is just one of the needed steps. Treating sexual assault as only a criminal justice issue ignores the fact that just one in 20 victims report it to the police.

Sexual assault is also a public health issue, a personal health and wellness issue and a mental health issue. We need to treat it as such by also turning our attention to medical services, support and care. Trauma-informed approaches and an increased understanding of sexual assault among key service providers and actors is critical. This includes judges, but also police, medical professionals, lawyers and support workers.

I am also lucky to live in a riding where my constituents and I have the Victoria Sexual Assault Centre. I was lucky enough to be able to access its services when I needed them. It serves people of all genders. We know one in three women experience sexualized violence, but one in six men do as well. We know that non-binary and LGBTQ2I+ folks face disproportionate levels of sexualized violence.

We are truly fortunate to have the Victoria Sexual Assault Centre since it is Canada's only integrated sexual assault clinic. The clinic provides survivors of all genders access to trauma-informed medical and forensic exams, police interviews and crisis support, all in one safe, accessible and culturally sensitive, confidential location.

The availability of this survivor-centred care means that the vast majority of survivors in my riding will never need to go to a hospital or police station to get the care they need. When the clinic opened, the number of emergency responses more than doubled, meaning twice as many survivors were able to access emotional support, preventative medication and options for police reporting. The number of supported police interviews rose by 400%. All of this took place while diverting 280 people from the emergency room and reducing costs for other service providers.

However, the clinic has no dedicated or secure sources of funding. It relies entirely on one-time grants, and the service will be extremely vulnerable in the coming year and a half. The bill is a step in the right direction, but we also need to ensure that comprehensive support services are available for all survivors. There is so much work to do, and I am hopeful we can take this important small step forward quickly.

Judges need training to challenge the false stereotypes about sexual violence that permeate our society. We have seen too many appalling examples in recent years showing that some judges continue to hold false stereotypes about women and sexualized violence. These biases discourage all survivors from coming forward in the first place and create barriers for survivors who do so in seeking justice through the legal system.

Trauma is complex and judges need to understand survivors' perspectives and the impact of the criminal justice system on survivors of sexual assault. The training needs to be culturally informed and relevant to the unique needs of vulnerable and marginalized populations. Some groups face disproportionately higher rates of sexual violence, and many groups face very specific barriers in seeking help from law enforcement agencies and the justice system. They include those from northern, rural and remote communities, sex workers, people who are trafficked, LGBTQ+ people, indigenous women, immigrant and refugee women and women with disabilities.

The bill could be improved at the justice committee by making sure that seminars related to sexual assault are developed in collaboration with these groups and by specifically bringing the bill within the Truth and Reconciliation Commission's call to action no. 27. We can also ensure it is in line with the calls to action from the missing and murdered indigenous women and girls report.

There is a clear benefit to ensuring that judges are well informed not only about the laws that pertain to sexual assault but also about the physical, mental and emotional impacts of sexual violence on survivors and how those affect decision-making, behaviour, ability to recall and so much more. Building confidence in our courts would make more victims feel empowered to come forward.

The message sent to survivors by the Senate when it refused to pass the bill in its former iteration in the last Parliament was dismissal, a dismissal of the idea that what happens to victims of sexual assault matters, a dismissal of survivor needs and a dismissal of the real barriers they encounter. This message is reinforced throughout our whole judicial system.

Supporting this legislation sends a message to survivors that their elected members of Parliament are standing up for them and are committed to doing the work necessary to support them. We recognize the stigma and barriers they face and are working hard to give them a reason to have more confidence in our system.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I want to thank the member for Victoria for her courage and for being so candid in terms of her own lived experienced. That is exactly what this chamber is meant to be about, and I salute her for being so honest with all of us.

This is the second time in the last 25 minutes we have heard about the Victoria Sexual Assault Centre. I will make a commitment here on the floor of the chamber that the next time I am on the island I will go see that centre. It sounds like it is exactly the type of institution we need to make things more welcoming and inviting and to reduce some of the obstacles in place for women who have survived sexual assault.

Some of the suggestions the member has made are very appropriate. However, I am also conscious of where we have jurisdiction and where we do not, although I hate to be so legal about it. With medical professionals we would need provincial co-operation and with front-line police officers in the city of Victoria we would need local co-operation.

Are there instances where the member feels that at the federal level we can show leadership in expanding the sensitization of federally appointed individuals, who are under federal jurisdiction, to make the experience of a survivor of sexual assault less difficult and boost the number of complaints that are seen through to completion?

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, I want to thank the member for his commitment to visit the Victoria Sexual Assault Centre. I extend that invitation to all members in the House. It is an incredible space, one that I hope is replicated in other communities.

I particularly appreciate that he talked about working across jurisdictions, because I think it is important that we work with our provincial and municipal partners to reduce stigma and support survivors in all cases. This bill is an important step toward training for judicial candidates. I think the parole board officers also need that.

Having a debate about the death of Marylène Levesque is a stark, horrific reminder. I think all Canadians would benefit from training and education on these issues. I would also invite the members of this House to do their own training. There is a lot of information out there. We need to come together in our communities, in our organizations and in every aspect of our world to support survivors. It is one in three women or one in six men, and those numbers are even higher for non-binary trans individuals. That means there are dozens of people in this House who have experienced sexualized violence. Our day-to-day interactions need to shift dramatically, but especially when survivors are reaching out for support or accessing services. When we are delivering services, we need to make sure they are done in trauma-informed and supportive ways.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague for her speech, which was very moving.

I understand that this is an extremely important bill that we want to pass as quickly as possible. It is very important to do so. There was a suggestion that groups be consulted. That is a very good idea.

Does my colleague believe that the bill goes far enough? Does she have any suggestions in that regard?

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, I am sorry I cannot respond in French. I promise I am learning, so hopefully some day soon I will be able to in the House.

When we talk about groups that have been marginalized by our systems, specifically groups that face higher instances of sexualized violence, these people need to be consulted in the creation of any education program. To develop training and seminars without their input means we would have glaring gaps in service. When we look at the higher rates of sexualized violence for indigenous women, women with disabilities, and immigrant and refugee women, and we look at the barriers that people face in coming forward to the police, we need to make sure that our training is going to serve the people who need it most, so I do—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Resuming debate, the hon. Parliamentary Secretary to the Minister of International Development.

[Kamal Khera, Liberal, Parliamentary Secretary to the Minister of International Development]

Madam Speaker, I will be sharing my time with the member for Moncton—Riverview—Dieppe.

It is an honour for me to speak to Bill C-5. As members know, if passed, this proposed piece of legislation will amend the Judges Act and the Criminal Code to require newly appointed provincial superior court judges to participate in training on sexual assault and the social context in which it occurs. Judges are expected to apply the law in a manner that is respectful of the dignity of survivors. Training on sexual assault law and the social context in which the sexual assault occurs will help to ensure that they have a full understanding of the complex nature of sexual assault when presiding over such cases.

This proposed legislation will also require judges to provide written reasons for their final decisions in sexual assault matters. Doing so will improve the transparency of judges' decisions.

It is noteworthy that only 5% of sexual assaults in this country get reported. Bill C-5 would give us an opportunity to strengthen our criminal justice system and give survivors of sexual assault and all Canadians more confidence in our system.

Today I will use my time to demonstrate how this legislation could build the confidence of survivors of sexual assault, as well as their families and loved ones, in our criminal justice system, and to help survivors feel more comfortable reporting these crimes to the police.

Sexual violence is a widespread problem in Canada. It is one of the most under-reported crimes. As I stated earlier, only 5% of sexual assaults in Canada are reported to the police.

I would like to elaborate on the social context. Brampton, especially in my own riding of Brampton West, is one of the fastest-growing populations in Canada. More interestingly, the majority of Brampton's residents are visible minorities. Violence, whether it is sexual assault or other forms of domestic violence, is massively under-reported. Due to the stigma of sexual violence, racialized women are even more reluctant to seek help. This is even more true for indigenous girls and women, women with disabilities, as well as LGBTQ2 community members.

Many factors can influence whether or not survivors will report that they have been sexually assaulted, such as the fear of being blamed or not being believed, concerns over retaliation from their attacker, anxiety of having their personal lives publicly judged and the fear of judicial error. These are just some of the factors and truths of the society we live in.

These factors are exacerbated in marginalized communities. Such barriers transcend but can also be compounded by intersectionalities of one's gender, age, class, disability and ethnicity. That is why the social context is so necessary.

Myths and stereotypes about sexual assaults are also dangerous and can have substantial negative impacts on whether a survivor will report. They also negatively impact whether there can be a trial that is fair to the accused, the victim and society at large.

Undeniably, a lack of confidence in the criminal justice system is one of the significant reasons that survivors do not come forward.

For those who do report the crime, they often tell us that they are re-traumatized by the process. As myths and stereotypes regarding sexual assault continue in the justice system, scrutiny about what the survivor did or did not do instead of the actions of the accused often determine the outcome of a case. This dehumanizing process, along with a lack of adequate supports and resources, can revictimize and further traumatize those who have experienced sexual violence.

In spite of the progress we have made, the criminal justice system is still a source of further distress and humiliation for survivors of sexual assault. Sexual violence is a crime that robs people of their choice, strips them of their bodily and sexual integrity and undermines their dignity and psychological well-being.

The impact of sexual assault is still not well understood in society and rape myths are still common and persist throughout the justice system. For example, in today's society, there is a disturbing misguided belief that survivors of sexual violence often falsify sexual assault reports.

There is also a mistaken belief that sexual assault is just consensual sexual activity that “went too far” or ”got out of hand”. There is a persistent myth that if it were a “real” sexual assault, the survivor would have fought back or tried to get away. There is a misconception that a survivor should be able to recount every detail in a linear and organized sequence.

Neuroscience research about trauma provides evidence that what might appear to be an inconsistency in a way a victim reacts or how the victim recounts the incident can actually be a typical, predictable and normal way of responding to and coping with a traumatic event. Understanding this can change the way we view the person's credibility and reliability.

Thankfully, we are now starting to have a better scientific and psychological understanding of the different reactions that survivors have to traumatic events, like sexual assault, including the impact of trauma on behaviour and memory. We also now understand that intergenerational trauma is a very real consequence of violence, which not only hurts individuals and their families, but also impacts communities as a whole. That is why training and awareness can help us to be fairer and more consistent in understanding how survivors react in sexual assault cases.

Navigating the criminal justice system can be extremely difficult for survivors of sexual assault. They must feel confident that they will be treated fairly and with dignity. With education and training on sexual assault and the social context in which it occurs, as well as its impact on survivors, we can help build a better criminal justice system in which people feel more confident in reporting sexual assaults and stay engaged throughout the criminal justice process.

Sexual assault is a form of gender-based violence and is one of the most under-reported crimes in Canada. With Bill C-5, we are building on our federal investments to prevent and address gender-based violence.

In 2017, we launched It's Time, Canada's strategy to prevent and address gender-based violence. This is the first strategy of its kind. It invests over $200 million in federal initiatives to prevent gender-based violence, support survivors and their families, and promote responsive legal and justice systems. Today, Bill C-5 forms part of the larger response to the issue of gender-based violence.

Judges are trained to be impartial, unbiased and have a thorough understanding of the law. Given that they are the individuals responsible for delivering justice, it is in everyone's interest to fill any gaps in their training. Bill C-5 would make it mandatory for all newly appointed provincial superior court judges to participate in continuing education in sexual assault law and social context. This will help ensure the superior court judges have a full understanding of the complex nature of the sexual assault when presiding over such cases.

Canadians need to have confidence that the judge in front of them is not influenced by myths and stereotypes in the judge's application of the law and that the judge has the understanding of the impacts of the trauma. Survivors also need to have confidence that the decision rendered in their case will be well reasoned and not influenced by biases and misconceptions.

This bill would help us move toward a higher level of confidence we must achieve. It would help empower women to work toward alleviating institutional oppression faced by women, including indigenous women, racialized women, women with disabilities, as well as members of the LGBTQ2 community.

I strongly encourage all members of this House to recognize the importance of Bill C-5 and to support it. Together we can continue to strengthen Canada's criminal justice system and give survivors of sexual assault and all Canadians more confidence in our justice system. Let us seize the opportunity to create a safer and more responsive justice system for all those who have experienced sexual violence and provide a better future for families, communities and all Canadians.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, during the statement that my colleague made today, she made reference to the gender-based violence strategy.

In 2017, our government launched its first-ever gender-based violence strategy and we backed it up with over $100 million in funding over five years.

Would my colleague elaborate on how Bill C-5 would fit within that strategy?

[Kamal Khera, Liberal, Brampton West, ON]

Madam Speaker, as has been mentioned by my colleague, in 2017, our government launched the gender-based violence strategy. We have invested close to $200 million in federal initiatives to ensure we prevent gender-based violence, supported survivors and their families and promote responsive legal and justice systems. Bill C-5 fits perfectly with many parts of our gender-based violence strategy.

It is so nice to see, especially on issues like this, all members of the House come together and support it. I am very optimistic and thankful for each and every member who spoke to this important issue.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I thank my colleague for her speech.

Enhancing judicial training and knowledge is a step in the right direction.

However, we must not have situations where women are physically unsafe. Sadly, the fact is that, at least 20,000 times a year, Quebec's shelters have to turn away women who need help, because there are not enough beds, because there are no rooms for them. The women must either go back to an unsafe situation or live on the streets.

I would like my colleague to tell me about our underfunded shelters for female victims of violence.

[Kamal Khera, Liberal, Brampton West, ON]

Madam Speaker, my hon. colleague has raised an important question. Part of our gender-based violence strategy is to ensure we listen, especially to front-line workers and community organizations that do incredible work to support the survivors of gender-based violence. We continue to support those people. That is a very important aspect of our gender-based violence strategy. I look forward to working with all members of the House to continue to support these organizations.

It is important to recognize that the bill before us today is an important one. It was introduced previously and was supported by all members of the House. I look forward to working with many members of the House to ensure we work hard and continue to support survivors of gender-based violence.