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.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

Minister, thank you for being here.

You talked a little bit about the importance of judicial diversification and how it can help achieve the objectives of Bill C-5.

We're having a number of witnesses from different backgrounds, including indigenous backgrounds, people who are black, south Asian and from other communities. Can you speak a bit to how diversification of the bench could help with the spirit of Bill C-5?

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

Thank you, Chair, and thank you, Minister, for appearing.

We know from recent decisions there are discredited myths and stereotypes that have been used, and thus we see the necessity of Bill C-5. Complainants of sexual assault are also facing inadequate social supports. They have inadequate information about the core process, and they're often confronted with a system that ignores their wishes and their complaints. Bill C-5, by itself, is not going to solve all these problem, and I hope your government and your provincial colleagues are recognizing the systemic issues that also need to be certainly addressed within the supports.

I have a question about the differences between Bill C-5 and Bill C-337. Bill C-337 went through the House of Commons with unanimous consent. Your department—and I know you weren't the minister at the time—at the time gave its consent to Bill C-337 going through. It did come with some amendments in the Senate. Bill C-5 more closely represents the version of the bill that made it through the Senate's legal and constitutional affairs committee.

There are some noticeable parts that are different. Under Bill C-337, judicial appointments would have been required to complete judicial training at the satisfaction of the Commissioner for Federal Judicial Affairs. Bill C-5 now omits this. In the reporting requirement, Bill C-337 included a section where the number of sexual assault cases heard by judges who never participated in seminars would also have to be included in the reports.

Minister, can you explain why these changes made their way into Bill C-5, and what changed in the three years? Your government originally assented to these being in Bill C-337, and now we don't see them in Bill C-5. I'd like you to explain the department's position on this.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Thank you, Madam Chair.

Thank you all for being here.

I am pleased to be here today to speak to you about Bill C-5, an act to amend the Judges Act and the Criminal Code.

Bill C-5 proposes amendments ensuring all newly appointed provincial and territorial superior court judges participate in continuing education in sexual assault law and social context. Further, it would require the Canadian Judicial Council to report on the participation of all sitting superior court judges in sexual assault law education. Finally, the bill would also require judges to provide reasons in writing or on the record for decisions in sexual assault matters.

The underlying objective of Bill C-5 is to enhance public confidence and, in particular, the confidence and trust of survivors of sexual assault that the criminal justice system will treat them fairly. It is to reassure them that, when they do come forward, they will be treated with dignity and respect by judges who have the knowledge, skills and sensitivity to correctly apply what is a very complex and nuanced area of the law.

The bill serves as an example of parliamentary collaboration. We have our former colleague and previous Conservative Party leader, the Honourable Rona Ambrose, to thank for this. I want to start by recognizing her initiative on this critical issue.

Ms. Ambrose's private member's bill, Bill C-337, started the conversation for the need for judicial training in the area of sexual assault law and the imperative for elected officials to do what they can do to support this. Bill C-5 was informed and inspired by Bill C-337.

The criminal justice system has long faced challenges in responding to sexual assault in Canada. Much progress has been made by both our government and previous governments in bringing forward reforms aimed at enhancing the equality, privacy and security rights of complainants by countering the myths and stereotypes that have persisted in our criminal justice system. These reforms have, at the same time, balanced the rights of the accused in a manner consistent with the relevant Supreme Court of Canada jurisprudence.

However, despite the robustness of our legal framework in this area, there are still extremely low rates of reports, charges and convictions in sexual assault cases. One of the main reasons for this is that victims of sexual assault tend to fear that they will not be believed, and that they will be humiliated or singled out. These fears are reinforced by some cases reported in the media, where judges or other actors in the justice system actually do so. These cases have seriously undermined the confidence of Canadians in our justice system.

Bill C-5 aims to increase public confidence and trust in the ability of our criminal justice system to hear cases in a manner that is fair, respectful, treats people with dignity, and above all, is in accordance with the law that has been carefully developed to ensure this.

Judicial independence is critical to public confidence and a core constitutional principle. Judicial independence requires judicial control over the training and education of judges. A bill that seeks to enhance public confidence in the justice system cannot achieve its goal if at the same time it undermines public confidence in judicial independence.

The bill before us includes the amendments proposed to Bill C-337 by the Standing Senate Committee on Legal and Constitutional Affairs. These amendments were designed to respond to concerns expressed by the judiciary and other stakeholders that the original bill went beyond the limits of what judicial independence permits. The proposed amendments made the necessary adjustments to the bill, while respecting its underlying objectives.

Canada is fortunate to have one of the most robustly independent, professionally competent and highly regarded judiciaries in the world. I know members have just heard about the work of the Canadian Judicial Council and the National Judicial Institute with regard to their internationally recognized work on judicial education.

This bill in no way targets or undermines the credibility and respect our superior court judiciary rightly deserves; rather, it seeks to balance the legitimate need to enhance public confidence while carefully preserving the judiciary's ability to control judicial education.

I would now like to turn to the key elements of the bill.

First, the bill would amend the Judges Act to establish a new condition of appointment as a judge of a superior court. Under the bill, to be eligible for such an appointment, candidates would be required to commit to undertake, if appointed, training on sexual assault law and the social context in which it occurs.

These changes ensure that the government will know that the candidates it appoints are committed to training. The public can be assured that all newly appointed judges will have received such training and that judicial independence is respected, as it will not impose training on judges currently in office.

Second, the bill would amend the Judges Act to require that the sexual assault training established by the CJC be developed after consultation with survivors of sexual assault, the groups that support them, or with other groups and individuals that the council considers appropriate. The requirement to consult is intended to ensure that judicial education will be balanced and informed by the experiences of individuals affected. It is left up to the council to determine who precisely it consults and to determine the content of the training, to respect the constitutional principle of judicial independence.

Bill C-5 requires the Canadian Judicial Council to provide to the minister, for tabling in Parliament, an annual report containing details on seminars offered on matters relating to sexual assault law and on the number of judges attending. This measure is intended to enhance accountability in the education of sitting judges for sexual assault law and act as an incentive to encourage the participation of current superior court judges in sexual assault law education.

The last item in the bill consists of amendments to the Criminal Code. They are intended to ensure that decisions in sexual assault cases are not influenced by myths and stereotypes about sexual assault victims and how they should behave. The Supreme Court of Canada has made it clear that these myths and stereotypes distort the court's truth-seeking function.

Canadians and victims of sexual assault have a right to know that the strong laws relating to sexual assault that have been put in place in Canada are being properly applied in court decisions. It is for this reason that Bill C-5 would require judges to provide, in writing or on the record of the proceedings, reasons for their decisions in sexual assault cases. This provision would help to prevent misapplication of the sexual assault laws and would contribute to greater transparency in judicial decisions in sexual assault cases, as recorded and written decisions can be reviewed.

It was also suggested that the bill does not address the real problem, which is the decisions made by provincially and territorially appointed judges. That is true to some extent. The fact is that over 80% of sexual assault cases are heard in provincial and territorial courts. The Parliament of Canada has no authority to legislate in relation to provincially or territorially appointed judges. As a result, it cannot directly implement change where it is most needed. Nevertheless, this does not prevent Parliament or other stakeholders from doing what they can to ensure that our justice system is fair and responsive.

The bill serves as a clear call to governments and the judiciary in the provinces and territories to take a careful look at their own legislative framework and suite of policies and programs and consider whether there are additional measures that can be taken to address the same concerns in their own relative jurisdictions. Following Ms. Ambrose's introduction of the former Bill C-337, a number of jurisdictions followed suit and did just that. At least one province, Prince Edward Island, enacted similar legislation. I understand that Saskatchewan and others are carefully considering policy and legislative responses.

I have sent a letter to my provincial and territorial colleagues outlining the initiatives in Bill C-5 in the hopes that all will follow suit, and I've instructed the Department of Justice Canada officials to explore options for increased availability of training for provincially and territorially appointed judges. Our government has committed significant resources to support the availability of enhanced judicial training. In budget 2017, the Canadian Judicial Council was provided with $2.7 million over five years and half a million per year thereafter to ensure that more judges have access to professional development, with a greater focus on gender and culturally sensitive training.

As I already noted, an important objective of Bill C-5 is to restore the confidence of the public and survivors in the ability of the criminal justice system to hear sexual assault cases in a manner that is fair and dignified and respects the statutory framework that Parliament has set out. Bill C-5 will send a message to all Canadians, and survivors of sexual assault in particular, that Parliament is firmly committed and prepared to act to ensure a justice system that all Canadians can trust, especially the most vulnerable.

But action must happen at all levels of government. It is my hope that Bill C-5 will be a catalyst for all jurisdictions and judiciaries in Canada to consider what measures can be taken that go beyond the symbolic and will result in meaningful and sustainable changes to the manner in which people are treated by the criminal justice system.

That concludes my formal remarks. I will of course be pleased to answer any questions committee members may have.

Thank you.

[The Chair, Liberal, Iqra Khalid]

Welcome back, everyone, to the second hour of this justice meeting discussing Bill C-5. We're honoured to have Minister Lametti—our Minister of Justice and the Attorney General of Canada—here to talk about this. We also have department officials Nancy Othmer and Stephen Zaluski. Welcome to our committee.

Without further ado, I pass it to you, Minister Lametti, for your opening remarks.

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

I'll get a last question in here for the Canadian Judicial Council. Bill C-5 stipulates that the courses have to be developed in consultation with persons, groups or organizations that the Canadian Judicial Council considers appropriate. Could you inform the committee how you decide who is appropriate and who to consult on these matters?

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

Thank you very much, Chair.

Justice Kent, Justice MacDonald, thank you so much for coming to be with us today.

I am detecting the struggle that both of you are having with the subject, because I know you want to maintain the principle of judicial independence, and you've stressed very much that these educational programs are happening. They're being led by judges, and that's the way it should be, but at the same time, we as the people's representatives have heard from our constituents and from Canadian society that there is this loss of faith in our justice system.

We see judges who have quite recently used discredited myths and stereotypes when making their rulings. They've used insensitive language.

I guess I just want to tack onto the last line of questioning. You've made your proposed amendments to Bill C-5. Is it your view that this bill is necessary? You've talked about the laudable goals of Bill C-5, but are you quite happy with the bill being presented to us? Is Parliament fulfilling its obligation with it?

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

It wasn't so much that I was concerned about that; I share that concern. As I said, this is a provincial responsibility, and I am confident that the provincial governments will take whatever measures they deem appropriate for the education of their judges.

Here's what I'd like you to help me understand. In the position you're taking this morning, isn't there some kind of contradiction? We're asking the public to trust their justice system. That goes without saying, and I trust that system as well. But they are being asked to give that confidence to the detriment of the democratic process that allows the legislator to give directives, as Bill C-5 does by proposing training for judges.

I'm not sure I understand your position on this particular issue. Citizens should take away the right of the legislator to decide these things and leave it to the judges, which I find a little difficult to accept. I would like to hear what you have to say on this point.

[J. Michael MacDonald, Acting Executive Director and Senior General Counsel, Canadian Judicial Council]

Thank you, Madam Chair.

I'm pleased to have been invited to speak to the honourable members of this House in my capacity as interim executive director of the Canadian Judicial Council. While I am no longer a judge or a member of the council, I do have significant knowledge of the council, as I am the former chief justice of Nova Scotia and I was a council member for over 20 years.

Madam Chair, if it's fine with you, Justice Kent and I propose the following approach. She will soon speak about the excellent educational programming available to all judges in Canada through the National Judicial Institute. I will then speak to the council's overall view of Bill C-5and its laudable goal of strengthening public confidence in our justice system, particularly for sexual assault survivors. The goal is one that the judiciary in Canada wholeheartedly agrees with.

We do, however, want to respectfully stress two concerns for your consideration. Firstly, the principles of judicial independence and separation of powers require judicial education to always remain under the control and supervision of the judiciary and free from outside influence. Of particular concern would be influence from government, which after all, is a party to all sexual assault cases.

The second area of concern involves the fact that this legislation covers only federally appointed judges. Yet our provincial and territorial judges hear the vast majority of sexual assault cases. In our view, they require access to the same judge-led training opportunities as their federal counterparts.

If the government is intent on passing this bill, then to address our judicial independence concerns, I will propose some minor adjustments to the bill's present language to temper and moderate the bill's effect on the principles of judicial independence.

Then we would be happy to take questions.

First, I would like to say a word about the role of the Canadian Judicial Council. The council is composed of all federally appointed chief justices and associate chief justices of Canada's superior courts. It works to preserve and enhance public confidence in the judiciary. Chief justices must be, and be seen to be, leaders in the education of judges.

Furthermore, honourable members, as Justice Kent will detail, Canadian chief justices are and must be leaders in judicial education. Overseeing judicial education is a fundamental responsibility of the judicial branch of government and is a key focus of our council's mandate. I can assure each and every one of you that every council member takes very seriously their responsibility to provide oversight and guidance on the kinds of continuing education the respective judges undertake.

In short, to ensure public confidence in the administration of justice, the justice system relies on a well-educated, professional and independent judiciary.

Let me again make it clear that we entirely agree with the laudable objectives of this legislation and what it seeks to achieve. All Canadian judges must be keenly aware of the challenges faced by survivors of sexual assault. I have three daughters. My daughter is a first-year lawyer. She reminds me that the social context to education of the type targeted by this bill is as important and fundamental as our understanding of contract law, tort law, criminal law and other substantive law.

As my colleague, Justice Kent, will attest to and provide more detail on, the National Judicial Institute, Canada's primary education provider for Canadian judges, is committed to ensuring that its professional development programs and resources meet the needs of Canada's judiciary and ultimately help to strengthen the justice system.

The judiciary is keenly aware of the need to continually improve and learn to maintain the confidence of the public. Let me respectfully say, in our humble opinion, we are on top of this.

My colleague, the NJI judge, will now provide you with more details in this regard.

[Isabelle D'Souza, Legislative Counsel, House of Commons]

Good morning.

My name is Isabelle D'Souza. I'm a legislative counsel at the Office of the Law Clerk and Parliamentary Counsel. I am the person assigned to Bill C-5 regarding the drafting of amendments. If you plan to submit requests for amendments to this bill, please forward them to me as soon as possible.

Please be advised that all our exchanges are confidential and non-partisan. If you intend to make requests, all you have to do is send me your instructions in writing, in your own words. If you are planning to make multiple requests, we have created a template that you may find useful in preparing your instructions.

Otherwise, when I receive your instructions, I will make sure to turn your idea into law, with the appropriate legal effects. If I believe that some of your proposals raise legal, charter or jurisdictional issues, I will bring this to your attention and, if possible, find alternatives.

Please note that the process for drafting amendments is similar to the process for drafting private members' bills. Each amendment must go through the drafting, approval, proofreading, translation and jurilinguistic revision stages. This means that the process can be quite lengthy, depending on the complexity and volume of requests received and on the fact that we sometimes work on several bills at the same time.

That takes me back to square one. Please send me your requests as soon as possible. Feel free to call me or contact me if you have any questions at any stage of the process, I will be happy to assist you.

Thank you for your time.

[Émilie Thivierge, Legislative Clerk]

I'm Émilie Thivierge, the legislative clerk assigned to Bill C-5. My role is to provide you and the chair of the committee with some advice on the admissibility of amendments for the clause-by-clause consideration of Bill C-5.

If you have any questions on the admissibility of an amendment that you would like to bring forward, or if you have any questions on the clause-by-clause process itself, please feel free to contact me.

My phone number and email address can be found in the memo you received. It is also possible for me and my colleagues to go to you to provide you with training on the admissibility of amendments and clause-by-clause study, if you wish.

Finally, if you wish to discuss the admissibility of an amendment that was drafted by the legislative counsel, namely my colleague here, Isabelle D'Souza, it's always useful and beneficial to give her permission to discuss it with me.

That said, I yield the floor to her.

[Anju Dhillon, Liberal, Dorval—Lachine—LaSalle, QC]

Thank you for being here, minister.

My question is regarding Bill C-5. Being a lawyer myself and having worked in the criminal justice system, I'm very happy that our government is reviving and reintroducing this bill to provide training to judges. Can you tell us a little more about the bill and what it will achieve?

I also want to know whether, as part of the training sensitizing the judges, we will have victims or victims' organizations sitting with the judges during the training so that they can bring a better understanding, with their experiences navigating the criminal justice system themselves. This should—

Judges Act

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

Madam Speaker, it is an absolute pleasure for me to rise in the House today to speak to this important legislation, Bill C-5, an act to amend the Judges Act and also the Criminal Code of Canada.

I feel very passionate about this piece of legislation, because I have seen first-hand many barriers that women and Canadians face when they are victims of sexual violence.

Prior to entering politics, as I have mentioned a few times in this House, I was a front-line social worker. I served over 23 years with the Codiac regional RCMP as the victim services coordinator. During that time, I had the privilege of accompanying many survivors of sexual violence through some very difficult times.

Within the RCMP, a part of my job was assisting police officers in conducting these types of investigations and also helping victims navigate through a very a complex system, preparing them for court and often times accompanying them to court. I have personally had the privilege of accompanying probably thousands of victims who faced these very difficult situations. I wish I could stand here today and say that I have never heard any inappropriate comments made by judiciaries, but that is not the case. I have seen first-hand some of the treatment that women and individuals have gone through, which is why I feel so passionate that this bill move forward. I am pleased to see that all members of this House are supporting the bill.

If passed, this bill will ensure that superior court judges who hear sexual assault cases get proper training so they will not be influenced by harmful myths and stereotypes that persist in our society. It will also lead to a better understanding of the social context surrounding this type of crime in our country. This training will also assure the public that judges are applying the law in a way that respects survivors' dignity and reality. This training will give judges the right tools to make fair, impartial decisions.

The bill will also require judges to explain their final decisions in sexual assault proceedings in writing, which will make the process more open and transparent.

Sexual assault is a form of gender-based violence and one of the most under-reported crimes in Canada. When I was a front-line worker, we would often say that fewer than 6% of survivors came forward, and today we have heard in the House the statistic of 5%, and so we know that this crime is truly under-reported. Unfortunately, gender-based violence is one of the most pervasive and deeply rooted human rights violation of our time, and we have to remember that it is 100% preventable.

I would like to talk about the Government of Canada's co-ordinated efforts to prevent and address gender-based violence, because Bill C-5 is another important piece of a larger suite of initiatives designed to better support survivors and their families, as well as to promote a responsive legal justice system.

First, let me explain what gender-based violence is.

Gender-based violence is violence directed towards another person based on their gender identity, gender expression or perceived gender. Gender-based violence is linked to gender inequities, unequal power dynamics and harmful gender norms and behaviours. It is made worse by other forms of discrimination.

Women and girls, racialized women, lesbian, gay and bisexual people, indigenous people and people with disabilities are at an increased risk of experiencing gender-based violence. Transgender, two-spirit and gender-diverse people in Canada also experience higher rates of violence.

In Canada, gender-based violence continues to happen at an extremely alarming rate. According to data collected by Statistics Canada, between 2008 and 2018, over 700 women were killed by their intimate partner in this country. In 2018, one in every three women experienced unwanted sexual behaviour in public. While these numbers are terrifying, the reality for indigenous women and girls is even worse. In 2018, the rate of homicide was nearly seven times higher for indigenous women and girls than that of their non-indigenous counterparts.

Faced with such a bleak picture, the government took action.

In 2017, the Government of Canada took action, launching the very first federal strategy to prevent and address gender-based violence entitled “Canada's Strategy to Prevent and Address Gender-Based Violence”.

The strategy includes over $200 million for federal initiatives to prevent gender-based violence, support survivors and their families, and promote responsive legal and justice systems.

The gender-based violence strategy is the first-ever federal strategy of its kind because it takes a whole-of-government approach and is informed by grassroots activism and feminist action.

We listened to survivors and women's and equality-seeking organizations in communities across the country that are working tirelessly to address gender-based violence within their communities. Let me give some examples of the initiatives under the strategy that were informed by their voices.

As a part of the strategy, the Public Health Agency of Canada, also known as PHAC, is investing more than $40 million over five years and more than $9 million per year ongoing. This includes investing in initiatives that prevent child maltreatment and teen and youth dating violence, and equip health professionals to respond to gender-based violence.

For example, the Public Health Agency of Canada is funding projects through which young Canadians learn how to develop and maintain healthy relationships that are free from violence and abuse. Educators are also provided with new tools to increase their capacity to deliver this type of guidance to young Canadians.

Teaching teenagers across Canada about what a healthy relationship looks like also helps foster positive relationships, changes attitudes and promotes gender equality. It helps foster a greater understanding, ultimately resulting in a safer community for young Canadians anywhere in Canada from coast to coast to coast.

In addition, the Public Health Agency of Canada is investing more than $6 million per year to support the health of survivors of family violence. Improving physical and mental health outcomes for youth and children, helping mothers experiencing family violence learn the impact of violence on their parenting and their children's development, while building mothers' self-esteem and improving their positive parenting and healthy relationship skills, and building resilience and life skills in young women are just some examples of what the funded projects aim to accomplish.

Just as Bill C-5 proposes to train judges, under the strategy we are training RCMP front-line officers so that they can better understand the social context surrounding gender-based violence. The goal is for survivors to feel more confident in moving forward to denounce their aggressors and for officers to be more understanding of the survivors' situation.

These are just a few examples that demonstrate the ongoing progress of the strategy.

As part of the strategy, we are working in close co-operation with every level of government, including the provincial and territorial governments, as well as several departments and organizations. We are pooling our resources to strengthen our ability to support those affected by gender-based violence in communities across Canada.

We are working on establishing a national plan that would ensure that anyone facing gender-based violence is protected and has reliable and timely access to services, no matter where they live.

In closing, I could continue discussing our accomplishments and the continuous efforts we are making. The point is that Canada's strategy to prevent gender-based violence is moving forward because we know there is still more work that needs to be done.

We need to give Bill C-5 our full support. We are counting on all members of Parliament to help us continue this crucial work to end gender-based violence within our communities.

[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.

[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, 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.