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

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I want to thank my colleague. I had the opportunity to work with her on the Standing Committee on the Status of Women this summer, until Parliament was prorogued. I still think that prorogation was the wrong decision, for one, because that committee was looking into the need to examine how COVID-19 is impacting women, particularly with respect to violence.

We all seem to agree on the importance of the bill, and I was wondering why, in the previous Parliament, all parties in the House were prepared to vote in favour of Bill C-5 except the Conservatives. I wonder how my colleague might justify the fact that we are still debating a bill that seems to have unanimous support, at least in terms of its importance.

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

Mr. Speaker, it is a real honour for me to participate in the debate today on Bill C-3, to give the position of the NDP in my role as the deputy justice critic.

I would like to take this opportunity to thank my colleagues from the Liberal Party, the Conservative Party and the Bloc Québécois for their interventions. The nature and tone of today's debate on the bill and the sensitive subject matter it deals with shows how well this Parliament can work and the seriousness with which we can treat these particularly sensitive subjects.

It is a little strange to be back at second reading on the bill before us. As members know, it is the reincarnation of a previous bill, Bill C-5, which was debated in the first session of the 43rd Parliament. Of course that bill was passed in one day and made its way to the Standing Committee on Justice and Human Rights where we did have two days of witness testimony. It feels like we are reversing things and going back in time, but it is good that the bill is being brought forward in short order by the Minister of Justice. I have to thank him for placing it on the priority list. Hopefully, we can see the second reading debate stage not take up too much time so we can get back to that all-important committee work.

When the previous bill was debated on February 19, we heard much of the same comments as has been evident in the debate today. I hope that after maybe a few more interventions, depending on how many other members can speak, we can find some kind of unanimous consent to not go to a recorded division but pass the bill on a voice vote, as was done on February 19 of this year, so the justice committee can get back to its work.

I want to also acknowledge the incredibly important role that judges have in our society. I do not think the jobs they do get enough credit because of the gravity of their decisions. Indeed, judges have an incredibly important job. They not only have to be well versed in the facts of law, but they have to interpret that law and apply it to the facts of the case before them, knowing full well that their decisions are going to have profound consequences either for the accused or for the person who brought forward the complaint. It is something that we should not take lightly and it is a position that deserves our utmost respect.

I want to acknowledge the role of the former interim Conservative Party leader, the Hon. Rona Ambrose, who brought forward the original version of the bill back in the 42nd Parliament through her private member's bill, Bill C-337. At that time, she recognized how important the bill was. In that 42nd Parliament, it was good to see that unanimous consent was given to send the bill to the Standing Committee on the Status of Women, which did some very important work as well.

We have the bill before us because there is a wide body of evidence of a lack of trust in the justice system, particularly by people whose experiences have been marginalized and so on. We are very much supportive of the intent behind Bill C-3. We do indeed want to see it get to committee, because it is at committee where that all-important witness testimony will highlight why the specific sections of the bill are necessary. I know there is debate at committee as to whether the bill in its present form is properly worded, but that is something for a later stage.

However, it is important at this second reading stage of the debate to acknowledge that complainants in sexual assault cases are provided inadequate social supports, inadequate information about court processes and they are often confronted by a system that ignores their wishes. We should acknowledge that Bill C-3 will not solve those problems by itself. The bill is very narrow in its scope. It looks at the training that judges receive.

It is really important that in the context of the debate of the bill, we as parliamentarians take every opportunity we can to apply pressure to the government, to remind the government, that there is still much work to be done to ensure our justice system fully lives up to the expectations of everyone who has to use it. The fact that so many women, so many persons of colour, Black or indigenous members of those communities, have their experiences marginalized by the justice system and do not have the kind of confidence that others do. That is a real shortcoming and that has to be identified and fixed with appropriate funding and resources to ensure people have that confidence. In other words, a systemic review is needed to ensure we have a system that lives up to those needs.

There are other actors. It goes beyond just judges. We have seen problems before with our police services. We have seen problems with how lawyers behave in the courtroom. Therefore, many different actors could also benefit from this type of training.

To highlight these points, it is helpful at this stage of the debate to really illuminate some of the statistics out there. It is estimated that only 5% of sexual assaults are reported to the police or that one in three women will experience sexual violence in their lifetime. In 82% of these sexual assaults, the offender is known to the victim, and 28% of Canadians have said that they have experienced workplace sexual assault or violence.

We know, in breaking down the statistics further, that transgender people are far more likely to experience intimate partner violence. Women who are living with physical or cognitive impairments are two to three times more likely to experience sexual violence. Indigenous women are far more likely to experience this sexual violence, and of course senior women. The statistics are there. They are not a secret. They have been well known for decades now. The fact that we are in 2020 still speaking about the need for this training is rightly construed as a source of national shame, but also an important focal point and an impetus for us as parliamentarians to redouble our efforts to ensure we are building that system.

I remember from the previous debates in the first session on Bill C-5 that my Conservative colleagues had raised concerns at that time about some of the actions of the Parole Board of Canada. We know full well also that the Immigration and Refugee Board of Canada has also had problems. Those judicial bodies, because they do fall under federal jurisdiction, the members of those particular boards could probably also benefit from this mandated training. I urge the government and the Minister of Justice to possibly look at ways we can expand this type of mandatory training to the appointees who sit on those boards.

As I mentioned at the beginning of my comments, the previous version of this bill in the 42nd Parliament was Ms. Ambrose's Bill C-337 and that bill was referred to the Standing Committee on the Status of Women in March 2017. During that time, the Status of Women committee had five meetings on the bill. It had 25 witnesses come before the committee and the bill was reported back to the House with some amendments. One of the big things to emerge from the committee study of that bill was to try to find a definition and exploration of the term “social context”.

Social context in the meaning of this bill will require that judges take into the account the context of the cases they hear and not be, and this is really important, influenced by attitudes based on the stereotypes, myths or prejudice that exist in our society.

Many of those same witnesses who before the Status of Women committee in 2017 also appeared before the Standing Committee on Justice and Human Rights. We had two meetings on March 10 and March 12, right before COVID-19 shut everything down for us. Those groups of witnesses in those two meetings included the Canadian Centre for Gender and Sexual Diversity, the Women's Legal Education and Action Fund, the DisAbled Women's Network Canada, the Canadian Judicial Council and the National Judicial Institute. The testimony we heard mirrored a lot of what was heard back in 2017.

When this bill is referred to the Standing Committee on Justice and Human Rights again, I hope it will take into account that previous testimony and perhaps pass a motion to accept it as part of the study on the bill so we do not have to go over old steps. However, there will be some debate on the particular wording of the bill, which I will go into a bit later in my remarks.

When we look at the substance of the bill, it seeks to ensure that judicial candidates have a full and current understanding of sexual assault laws, that they know the principles of consent and the conduct of sexual assault proceedings, that they are educated on the myths and stereotypes of sexual assault complainants and that it will all be done through training seminars. This is needed because we have seen through the actions of various judges that this training is sorely needed.

With respect to what the Canadian Judicial Council and the National Judicial Institute have said, this type of training is already happening. However, because we have this evidence of judges making inappropriate statements at trial, of following outdated myths and stereotypes, these have profound impacts on the victims of sexual assault and further erode the general trust in our judicial system.

When Bill C-337 was sent to the Senate, the Senate legal and constitutional affairs committee made some amendments to it. I understand the government's version of the bill we have before us today is a lot more in line with the Senate's version of the bill because of the constitutional concerns in place.

A big focal point of the bill will be the struggle between the role of Parliament and our judiciary. I understand that it is extremely important that our judges remain free of any type of political influence. As parliamentarians, we have a role to introduce legislation that falls within the social context we operate within. Therefore, our bills are often the product of the demands of society, of the members of the public who we serve.

When it comes to specific federal statutes like the Judges Act, there is a careful and considered role for Parliament in mandating the types of training we expect our judges to have. We escape any constitutional conundrums, because once the judges have taken that training, that is where Parliament's role ends and it is where it should end. We do not want to have any type of influence over how the judge uses that training. We simply want to know that the judge has taken the training and understands the full scope of sexual assault laws and outdated myths and stereotypes so we can build up the confidence that is sorely needed.

These comments have been argued in the public sphere. I know concerns have been echoed by Michael Spratt, who is no stranger to the Standing Committee on Justice and Human Rights and has often written quite lengthily on the subject, and I appreciate his views. His concerns with respect to this legislation absolutely need to be taken into account.

We have also seen a commentary from Emmett Macfarlane, who is a constitutional law professor at the University of Waterloo. He believes Parliament has a legitimate role to step in and mandate that there are substantive qualifications for the judges of our land as well as, through legislation, mandate the type of training we want to see.

The government has provided a charter statement that addresses some of the concerns that fall under this, particularly section 11 of the Charter of Rights and Freedoms, and so on. I think that is a good guideline for parliamentarians to use as a road map when we continue our deliberations at the justice committee. However, I do not think there is going to be any kind of disagreement that this bill is needed, especially from parliamentarians. What I am seeing already is that there is, in fact, going to be unanimous consent that this bill is worthy and that it warrants being sent to committee. If the actions of the 42nd Parliament are any guide to this one, I suspect that we may hopefully see this bill clear both Houses of Parliament and be sent to the Governor General for royal assent.

In the few minutes I have remaining, I think it is also important to talk about some of the other problematic areas that we have in our justice system. For this particular section, I want to reference the Truth and Reconciliation Commission's calls to action, particularly call to action number 27, which called upon the Federation of Law Societies of Canada to:

...ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

I acknowledge that this is beyond the scope of Bill C-3, and we certainly might run into problems in an attempt to fit that kind of training into a future bill, but I think the concerns that indigenous people in Canada have with the justice system, and concerns that Black Canadians and people of colour have with the systemic racism that is in existence, must remain top of mind, even if it is not possible for us to bring forward a legislative fix to them. I know they were referenced in the Speech from the Throne. I also want to thank all members of the Parliamentary Black Caucus, which put forward that statement as a road map for the action we need to take. I think those concerns are entirely appropriate to highlight during our debate on this bill, because it is following through in the same vein of people whose experiences have been marginalized through the justice system.

In conclusion, I would like to say that myths and stereotypes continue to have extremely negative impacts on people. It is extremely important that we as parliamentarians listen to the voices of people who have been marginalized by the justice system. Women's and LGBTQ organizations specifically must be consulted in developing the continuing education program on issues of sexual assault and social context. The Liberal government accepted all the findings in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the report noted that apathy from police services is indicative of ongoing colonial violence, racism and sexism, revictimizing indigenous women, girls and two-spirit peoples, so that must be paid attention to. As well, we must understand that sexual assault and gender-based violence disproportionately impacts women, minorities, poor people, persons living with disabilities, LGBTQ+ communities, sex workers and other marginalized communities.

I will conclude there. I appreciate having this opportunity to give my thoughts on Bill C-3, and I look forward to my colleagues helping to pass this bill in short order and sending it to committee.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I am also pleased to see you in that chair. With all due respect to the usual Speaker who does exceptional work, I commend you on your excellent interventions.

To answer the question from my colleague from Saint-Jean, I agree with her that there is an urgency here. We just finished an oral question period during which the Leader of the Government in the House of Commons answered our questions—asking him to intervene on urgent economic matters—by saying that we would soon be facing an election. It seems our colleagues in the government are anxious to spar again and call all Quebeckers and Canadians back to an election even though it has not been a full year since we were elected. We have that threat hanging over our heads.

I agree with my colleague that it is truly a shame that Bill C-3 is suffering the same fate as Bills C-337 and C-5, its predecessors. I think we should show the public some respect.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I will be sharing my time with the member for Saint-Jean.

We cannot talk about Bill C-3 without first highlighting the outstanding work being done by the members of our justice system.

In both Quebec and Canada, as far as we can tell, the justice system meets society's needs quite well.

I feel this is worth mentioning, because the main, if not only, criticism we had about Bill C-3, the former Bill C-5, was that we needed to move carefully with regard to judicial independence. I was concerned about this, and I will come back to it later.

That being said, I think our judges are doing an outstanding job, but they need more tools. This is important in our society. This is not to criticize their work, but we need to make sure they have the necessary tools on hand to get the job done.

The justice system is the backbone of any society. It enables citizens to resolve all disputes together through the courts, instead of taking the law into their own hands. Both civil and criminal matters are brought to a judge, who is expected to be impartial and competent.

Bill C-3 does address the issue of judicial competence, and I think we should give it our full attention to ensure that it comes into force as soon as possible.

This bill was first introduced in 2017 by the Hon. Rona Ambrose, the interim leader of the Conservative Party at the time. The Bloc Québécois enthusiastically supported what was then Bill C-337. At one point, I even moved a motion in the House to have the Senate deal with Bill C-337 quickly so that it could come into force as quickly as possible; the motion passed unanimously.

Then Parliament was dissolved, which meant that Bill C-337 could not be brought into force and we had to start back at square one last fall after the 2019 election. The same bill was reintroduced as Bill C-5, and committee hearings began. It got through first and second reading. The committee heard from a number of witnesses, and that was when everyone realized that, although most civil society stakeholders thought the bill was fine, essential even, the judiciary had some concerns.

The Hon. Justice Kent and the Hon. Justice MacDonald, former chief justice of Nova Scotia, appeared before the committee and made suggestions. I liked their approach. They never criticized the entire bill but provided constructive criticism and warned us to be careful. We must not throw the baby out with the bathwater, as they say. There is some work to do on how justice is administered in cases of sexual assault. That is what Bill C-3 proposes to do, but let us be careful that we do not undermine the authority of the courts over society in our attempt to improve the judicial process.

As I said at the beginning of my speech, the justice system is very important in our society. If we cannot benefit from judicial independence, if we can no longer rely on the independence, impartiality and competency of our courts, it will have major negative consequences for our society. We cannot let that happen.

I urge us to proceed with caution, but to do that, we need to go back to committee as soon as possible. We need to take into account the criticism that we have heard. It seems to me that the suggestions of Justices Kent and MacDonald deserve our attention and that some amendments should likely be made.

I believe it was Justice Macdonald who talked about minor adjustments regarding how these matters should be dealt with. Rather than imposing obligations on the Canadian Judicial Council or on judges, tools should be brought in and the Canadian Judicial Council should be asked to support the measures and ensure that judges appointed to the various courts of federal jurisdiction have access to those tools to be better equipped to hear sexual assault cases.

That is not to say that they are not well equipped to hear them now, of course, but when it comes to sexual assault, I believe exceptional sensitivity is needed in the administration of justice.

The courts should take a special approach to these types of cases. We need to remember that testifying is usually a traumatizing experience for victims of sexual assault. They are reliving the tragic events that brought them to court. Judges need to be aware of this, and the bill will help judges and give them the tools to understand this reality and better deal with these kinds of cases.

The Bloc Québécois will support this bill, as we did in 2017 and as we did last year with Bill C-5. We look forward to working in committee and proposing necessary amendments to make Bill C-3 a bill that the Hon. Rona Ambrose would be proud of, that I would be proud of and that all parliamentarians in the House will be proud of.

This is an urgent matter, and it was urgent in 2017. I pointed out this urgency in a motion that passed unanimously and that called on the Senate to promptly adopt the bill. It was urgent in the spring. It is even more urgent now. Let us make sure that we do not end up with another election in the coming months, which would force us to start this process all over again.

[David Lametti, Liberal, Minister of Justice]

moved that Bill C-3, An Act to amend the Judges Act and the Criminal Code, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to stand in support of Bill C-3, an act to amend the Judges Act and the Criminal Code, which is identical to former Bill C-5.

I am delighted to be reintroducing this important piece of legislation today. I know we in the House are all anxious to see the work that was started by the Hon. Rona Ambrose in 2017 with the introduction of Bill C-337 come to fruition with the quick passage of this bill in this session of Parliament.

Regrettably, Parliament's consideration of Bill C-5 was abruptly interrupted and the study of the justice committee halted by a health crisis that has created unprecedented challenges to all aspects of Canadian society, including our justice system. The pandemic has exposed and exploited underlying conditions that have long plagued our justice system. It brought into stark relief the unacceptable barriers to accessing justice for the most vulnerable in our society. The reintroduction of the bill comes at a time when the need to protect our most vulnerable has never been clearer, nor the importance of ensuring a justice system that treats everyone fairly and with respect more critical.

Bill C-3 is designed to enhance public confidence in our criminal justice system, and in particular the confidence of survivors of sexual assault. It is hard to imagine anyone more vulnerable in the criminal justice system than the women who find the courage to report sexual assault.

The bill will ensure that survivors of sexual assault are treated with dignity and respect by the courts and will give them confidence that the judge in their case will enforce sexual assault laws fairly and accurately, as Parliament intended.

It has never been more critical that all of us who serve the public are equipped with the right tools and understanding to ensure that everyone is treated with the respect and dignity that they deserve, no matter what their background or their experiences. This would enhance the confidence of survivors of sexual assault and the Canadian public, more broadly, in our justice system. There is no room in our courts for harmful myths or stereotypes.

I know that our government's determination to tackle this problem is shared by parliamentarians from across Canada and of all political persuasions. The bill before us today will help ensure that those appointed to a superior court would undertake to participate in continuing education in relation to sexual assault law and social context.

As the Minister of Justice and Attorney General of Canada, I take very seriously my responsibility to uphold judicial independence, a constitutional principle that is a cornerstone of our democracy. Judicial independence means that judges must be free to decide each case on its own merits without interference or influence of any kind from any source. For this reason, judicial independence requires judicial control of judicial education, and I salute the work that is being done by the Canadian Judicial Council as well as the National Judicial Institute in Canada in the training they have already begun to provide. Applying this principle to the current bill means that our government's efforts to ensure judges participate in education on matters related to sexual assault law and social context must not undermine the independence of the judiciary.

In that vein, I would like to describe the key elements of the proposed legislation. Bill C-3, as noted previously, is identical to former Bill C-5 and essentially the same as former private member's bill, Bill C-337. Importantly, the bill includes the amendments to Bill C-337 passed unanimously by the House of Commons to include social context education within the requirements of the bill. This requirement is specifically aimed at providing those who preside over cases with deeper insights and best practices to help them better navigate the social and cultural factors that they will likely come across in their time on the bench.

Bill C-3 also includes the amendments recommended by the Senate Standing Committee on Legal and Constitutional Affairs in its study of Bill C-337.

The first key element of the bill is that it proposes to amend the Judges Act to require candidates for superior court judicial appointments to commit to undertaking training in matters related to sexual assault law and social context. This becomes part of the application process. This commitment will become an eligibility requirement for appointment to a superior court.

It is no easy task to bolster public confidence, in particular the confidence of sexual assault survivors, that our criminal justice system will treat victims with dignity, fairness and respect. This is a particularly acute challenge when there are reports in the media of judges doing exactly the opposite. We hear of highly publicized cases in which judges have relied on stereotypes or myths about how a victim of sexual assault should have behaved and have misapplied the carefully crafted law intended to prevent this.

The undertaking to commit to training is aimed at ensuring that Canada's highly developed law and jurisprudence on sexual assault are appropriately applied in the courtroom. It will also ensure that newly appointed judges receive the education and training necessary to understand and appreciate the social context within which they perform their functions, so that personal or societal biases or myths and stereotypes do not have any bearing on their decisions.

Over the past three decades the criminal law has undergone significant reform to encourage reporting of sexual assaults, to improve the criminal justice system's response to sexualized violence and to counter discriminatory views of survivors that stem from myths and stereotypes about how a true victim is expected to behave. As a result, the Criminal Code prohibits all forms of non-consensual sexual activity, provides a clear definition of consent, identifies when consent cannot be obtained and sets out rules for the admissibility of certain types of evidence to deter the introduction of these harmful myths and stereotypes.

Canada's sexual assault law is robust, but is necessarily complex. It applies to the most intimate of human interactions, so to be effective it must be properly understood and applied. This is why judicial education in this area is so significant and Bill C-3 so important.

The second key element is to require that the Canadian Judicial Council develop this sexual-assault training only after it consults with groups and individuals that it considers appropriate, including sexual assault survivors and the groups that support them. This will give the council the opportunity to gather different perspectives on sexual assault informed by the experiences and knowledge of the community.

Transformative change across the criminal justice system will require a sustained collaborative effort by all actors in the justice system, with the support of stakeholders and civil society. Training is needed not only for judges but for all actors in the justice system. We are working with our provincial and territorial counterparts and justice sector stakeholders toward more comprehensive efforts. However, the pivotal public and determinative role judges play must also be taken into account.

The third key component of the bill will require the Canadian Judicial Council to submit to the justice minister an annual report to be tabled in this Parliament about the training on sexual assault law that has been provided and the number of judges who attended. This requirement is designed to enhance accountability in the training of sitting judges on these matters while still acting as an incentive to encourage their participation.

The final element of the bill would amend the Criminal Code to require judges to provide reasons for decisions under sexual assault provisions of the Criminal Code. This amendment is intended to enhance the transparency of judicial decisions made in sexual assault proceedings by rendering them accessible, either in writing or on the record of the proceedings. I would like to mention that this proposed amendment to require judges to provide reasons in the determination of sexual assault matters specifically is complementary to three existing requirements.

The requirement to provide reasons will be placed in the other sexual assault provisions in the Criminal Code. This will help ensure that all provisions related to sexual offending are clear and accessible to those applying them. This is part of the effort to prevent the misapplication of sexual assault law by helping to ensure that decisions in sexual assault matters are not influenced by myths or stereotypes about sexual assault victims and how they ought to behave. This is consistent with the Supreme Court of Canada's finding that such myths and stereotypes distort the truth-seeking function of the court.

Being a judge comes with great responsibility. I would like to quote the Hon. Justice Charles Gonthier, former justice of the Supreme Court of Canada:

The judge is the pillar of our entire justice system, and of the rights and freedoms which that system is designed to promote and protect. Thus, to the public, judges not only swear by taking their oath to serve the ideals of Justice and Truth on which the rule of law in Canada and the foundations of our democracy are built, but they are asked to embody them....

Justice Gonthier then added the following:

...the personal qualities, conduct and image that a judge projects affect those of the judicial system as a whole and, therefore, the confidence that the public places in it.

Since judges play such a crucial role in upholding democracy and the rule of law, the public rightly expects their conduct to be exemplary. To quote the Canadian Judicial Council:

[1] From the time they are considered for appointment to the Bench, and every day thereafter, superior court judges in Canada are expected to be knowledgeable jurists. They are also expected to demonstrate a number of personal attributes including knowledge of social issues, an awareness of changes in social values, humility, fairness, empathy, tolerance, consideration and respect for others.

[2] In short, Canadians expect their judges to know the law but also to possess empathy and to recognize and question any past personal attitudes and sympathies that might prevent them from acting fairly.

In order for judges to be able to meet these public expectations, it is imperative that they keep abreast of developments in the law and the ever-changing social context in which they carry out their duties. To ensure excellence in judgments, judges must have legal knowledge that is as relevant as it is excellent so that they can make the difficult and life-changing decisions entrusted to them. For this reason, legal education is an essential element of the legislation under consideration.

The bill is carefully tailored to uphold the principle of judicial independence. In particular, it includes the recommendations of the Senate committee for amendments to Bill C-337 that were carefully designed to address the specific concerns raised by representatives of the judiciary.

In that regard, I would like to point out that members of the judiciary appeared before the House committee to call for additional amendments to Bill C-5. It is important to note that a respectful dialogue occurred between representatives of the judicial and legislative branches with regard to Bill C-337 and Bill C-5. I trust that this will also be the case with this bill. The partners in this dialogue all want survivors of sexual assault to have faith in the justice system and to be treated with the respect and dignity they deserve when dealing with that system.

Canada is lucky to have one of the most independent, competent and reputable judiciaries in the world. The Canadian Judicial Council, with the support and co-operation of the National Judicial Institute, is a world leader in training judges. The Canadian judiciary is very committed to ensuring the best training for judges. I commend them for their co-operation in this regard. Finally, Canada is a pioneer in social context education in the justice system.

In its professional development policy, the Canadian Judicial Council recognizes that, in order to be effective, training for judges must include social context education so that court decisions are not influenced by personal or social bias, myths or stereotypes.

Given how important this is, the National Judicial Institute seeks to ensure that all programs cover substantive law, skills development and social context education.

It is important to acknowledge the significant contribution of both the Canadian Judicial Council and the National Judicial Institute to ensuring judges have access to the training they need.

We are blessed with a strong and independent judiciary in Canada. We cannot take this for granted. As parliamentarians, we must ensure that we safeguard and promote it. This bill seeks to balance a legitimate need to enhance public confidence with carefully preserving the judiciary's ability to control judicial education.

The government also allocated significant resources to support this undertaking. The 2017 budget contained $2.7 million over five years for the Canadian Judicial Council and $500,000 per year thereafter to ensure more judges get access to professional development with a greater emphasis on issues related to sex, gender and cultural sensitivity.

Our government is also working with stakeholders to ensure that appropriate training is available to all members of the Canadian judiciary, specifically those not appointed by the federal government.

That said, I hope this bill will prompt everyone in the justice system to take a close look at other measures we can take to bolster the confidence of survivors of sexual assault and the public in our justice system.

Finally, following Ms. Ambrose's introduction of the former Bill C-337, a number of provinces followed suit and did just that. At least one province, Prince Edward Island, enacted similar legislation, and I understand that others are carefully considering policy and legislative responses. I note that other countries have already enacted legislation similar to what is being proposed. It is time for all of our jurisdictions to act.

While we believe that reintroducing Bill C-3 is a crucial step, it is not the only action we can take as a government. We have prioritized supporting victims and survivors of crime by a range of different avenues. These include providing funding to provinces and territories to allow them to develop enhanced programs, to provide free and independent legal advice and, in some cases, representation for survivors of sexual assault. Also included is our government's commitment, as emphasized in the Speech from the Throne, to build on the gender-based violence strategy and work with partners to develop a national action plan.

This bill sends a message to all Canadians, and survivors of sexual assault in particular, that their elected officials are listening, that we care about what happens to their cases, and that we are prepared and committed to take whatever action we can to ensure that our justice system is fair and responsive. It is incumbent on all of us: legislators, judges, prosecutors, police and the public.

Right now, there is considerable enthusiasm across the country for meaningful, sustainable changes to our justice system.

This bill is a small but important step toward achieving that. It gives parliamentarians an opportunity to act on their beliefs and show all Canadians, especially survivors of sexual assault, that their voices matter and that anyone who has the courage to report an assault will be listened to and treated with the dignity and respect every member of our community is entitled to.

I urge all of my parliamentary colleagues to take this step toward a more constructive, resilient justice system that is more responsive to the needs of those it serves.

I call on all of my colleagues to support this important non-partisan bill.

[David Lametti, Liberal, Minister of Justice]

Madam Speaker, I am happy to see you in the chair.

Pursuant to Standing Order 32(2), I have the honour to table, in both official languages, a charter statement for Bill C-5, an act to amend the Judges Act and the Criminal Code.

Business of the House

[Pablo Rodriguez, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will resume second reading debate on Bill C-3 on border security.

That debate will continue tomorrow. Next week we will be back in our ridings working with our constituents.

When we return, we will start debate on Bill C-5, an act to amend the Judges Act and the Criminal Code. Thursday, February 20 will be an allotted day.

I wish all members a good constituency week and hope they enjoy the time with their families.

Public Safety

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, yesterday Bill C-5 on the education of judges on matters related to sexual assault was introduced in the House.

I want to be very clear. We support this bill. Let's not forget that it started out as a Conservative Party bill. However, in light of the brutal murder of Marylène Levesque, we believe it is important to add an amendment to include the education of parole officers and Parole Board members.

Would the Prime Minister agree to such an amendment?

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Mr. Speaker, 14 years after an individual violently murdered his partner, he murdered another woman because his parole officer permitted him to seek the service of sex workers. The parole officer facilitated a murderer to repeat his offence and take another innocent life by enabling him to satiate his criminal appetite.

Will the government amend Bill C-5 to require Parole Board members and parole officers to receive new sexual assault training so vulnerable women like Marylène Levesque will not die tragically because of bureaucratic incompetence?

Oral Questions

[Jagmeet Singh, NDP, Burnaby South, BC]

Mr. Speaker, I rise on a point of order. I believe if you seek it, you will find consent for the following motion: That notwithstanding any standing order or usual practice of the House, Bill C-5, an act to amend the Judges Act and the Criminal Code, be deemed read a second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Opposition Motion — Instruction to the Standing Committee on Public Safety and National Security

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, this is a very disturbing case. I want to outline the fact that the Parole Board was certainly aware that this individual had been given the permission to meet women, “only for the purpose of responding to [his] sexual needs”, since he had been granted parole in March 2019. It continued over this period of time, and in September the board recognized that they did not agree with the appropriateness of the strategy. However, they went ahead and continued this, so it deserves condemnation.

Bill C-5 was tabled this morning by the government to ensure that judges are familiar with, and have proper continuing education on, matters related to sexual assault law and the social context.

Does the parliamentary secretary agree that it is appropriate for the Parole Board members and for the committee on public safety to insist that there be appropriate training for Parole Board members and officials, to ensure that they are aware of the fact that this kind of case is rooted in misogyny and the devaluation of the lives of women in general and, in this case, sex workers in particular?