This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.
David Lametti Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
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 provide that the Canadian Judicial Council should report on seminars offered for the continuing education of judges on matters related to sexual assault law and social context. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-3s:
This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.
Bill C-3 amends the Judges Act and Criminal Code, requiring judicial education on sexual assault law and social context, including systemic racism, and written reasons for sexual assault decisions.
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The House resumed consideration of the motion that Bill C-3, An Act to amend the Judges Act and the Criminal Code, be read the third time and passed.
Christine Normandin Bloc Saint-Jean, QC
Madam Speaker, I thank my colleague from Saanich—Gulf Islands for her speech.
This bill would require prospective judges to take training, but it does not apply to judges who are already on the bench and cannot be removed.
Does my colleague hope that this requirement for new judges will encourage incumbent judges to take the training as well? We hope that incumbent judges who are already hearing cases, especially sexual assault cases, will also get up to speed on current knowledge, especially with respect to consent.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, I thank my colleague for her question.
I think she is right. It is clear that judges who are already on the bench also need training to learn about the circumstances of women who are victims of sexual assault. I hope that this bill will also make this training available to judges who are already on the bench.
Jenny Kwan NDP Vancouver East, BC
Madam Speaker, if this kind of training were in place long ago, does she think the situation we have with respect to the missing and murdered women could be impacted?
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, there is so much about systemic racism that is part of the cultural genocide identified by the National Inquiry into Missing and Murdered Indigenous Women and Girls. Certainly, the relationship with law enforcement must be taken into account.
The fear that marginalized women have is going to someone who is there by his or her job description to protect them but may in fact represent a threat. Yes, training for judges would certainly have helped, but I do not think it would be sufficient to avoid the ongoing scandal of the way missing and murdered indigenous women and girls are treated and our societal response.
Jag Sahota Conservative Calgary Skyview, AB
Madam Speaker, I will be splitting my time with the member for Cumberland—Colchester.
I am pleased to rise today to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code. This bill is very important to me as a lawyer, as a woman, but also as the shadow minister for women and gender quality. As such, I am pleased to stand in this place and debate the bill.
However, I am disappointed that because of the Prime Minister's continual lapse in ethical judgment, instead of facing scrutiny for his decisions, he chose to prorogue Parliament and the casualty was having to reintroduce the bill, meaning victims of sexual assaults still cannot get due justice. It is shameful.
Bill C-3 would add new eligibilities for lawyers seeking appointment to the judiciary to require the completion of a recent and comprehensive education in sexual assault law as well as social context education. It would require the Canadian Judicial Council to submit an annual report to Parliament regarding the details on seminars offered on matters relating to sexual assault law and the number of judges attending. It would do this while still maintaining the balance between judiciary independence and a fair criminal justice system, which is very important to me and to all Canadians.
The rationale for the need for the bill is all too familiar, given the recent spotlight on the treatment of sexual assault victims during trial. Sadly, this certainly is not something that is new.
Let us explore the current state as it stands now.
There is piecemeal training and education available in certain jurisdictions but it is not mandatory. In 2016, a judge was found to have relied on myths about the expected behaviour of a victim of sexual abuse. That case was overturned on appeal for obvious reasons.
We have heard instances of judges using insensitive language. For example, in 2014, Justice Camp made a comment to a sexual assault victim in my home city of Calgary, asking her why she could not keep her knees closed together. Comments like Justice Camp's are all too familiar and further lead to the stigma that the courts are not there to protect the victims.
In 2019, nearly a dozen cases were going through Canada's court system that shed light on how some judges continued to rely on myths and stereotypes when informing their decisions on sexual assault cases.
We are still hearing similar misinformation about the experience of sexual assault victims or victims of abuse, which can lead to poor decisions and, as we have seen, possible miscarriages of justice sometimes resulting in new trials. Retrials can be incredibly painful for complainants, potentially further revictimizing them as they have to relive the trauma by constantly retelling lawyers and judges their horrific experiences, in some cases, preventing them from being able to mentally heal.
The way victims are treated during their court proceedings as well as in the public eye is a major hindrance to reporting the crime in the first place, particularly if the person who committed the assault is someone in a position of authority or if it is someone they know, such as a father, brother or uncle.
Other victims witness how other sexual assault victims are treated in the justice system and are terrified that if they come forward, they will be treated the same way. It is well documented that sexual assault cases are one of the most under-reported crimes in Canada. Of reported cases, only 12% result in a criminal conviction within six years compared to 23% of physical assaults, as reported by Statistics Canada.
We know the reasons for under-reporting include shame, guilt and stigma of sexual victimization. Because of this, many victims do not believe they will see a positive outcome in the justice system, which is why they do not come forward. This simply cannot stand.
What can we do? The best way to prevent this type of sentiment is through education and training. The path forward that this legislation sets out would allow for more confidence in the criminal justice system by ensuring lawyers who are appointed to the bench are trained and educated in this very specific type of case.
The hope is that once this bill passed, and with education and training, the future state will be that the stories we once heard of victims being made to feel less than will not be repeated. This legislation is intended to help reduce the stigma of coming forward to report the crime and to see justice prevail for the victims.
The hope is that with education and training, victims of sexual assault will be treated with respect to avoid at all costs revictimizing them, which can be incredibly traumatizing for the individual. This will let other victims know they can be confident in our justice system and feel safe in coming forward.
Ms. Ambrose, as she provided her testimony before the status of women committee, said, “Really, to be honest, for me it's about building confidence. Women do not have confidence in our justice system when it comes to sexual assault law.”
This has to change if we are ever going to see an increase in sexual assault being reported and convicted. This piece of legislation will bring us one step closer to eliminating barriers and giving victims of sexual assault more confidence to come forward.
I hope this bill passes quickly as this will only move us forward as a society and help grow confidence in our justice system.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank my colleague from Calgary Skyview for her speech. I am fortunate to serve with her on the Standing Committee on the Status of Women, which has actually already studied this bill, but that was some time ago, and we know that the pandemic has exacerbated the problem of violence against women.
I am actually just about to present a petition signed by one of my constituents. Her blog, Les Mots de Myra, or Myra's words, shares powerful testimonials from women who face prejudice when they try to speak out about their sexual assault cases. I would like to hear the member's thoughts on that. December is coming up, and so is violence against women awareness week.
Is it not time for all of us here in the House to come together to pass this important bill, which is a big step forward for victims and survivors of sexual assault?
Jag Sahota Conservative Calgary Skyview, AB
Madam Speaker, I sit on the committee with the member, and I enjoy our conversations. It is time to start talking about women. The pandemic has highlighted what, to some extent, we already knew. It has brought all the problems to the surface.
This legislation is a step in the right direction in that women will feel more comfortable coming forward and talking about their experiences without having the feeling of revictimization. That is the whole purpose. I am very thankful that the bill is here before Parliament. All the parties seem to be supporting it, and I cannot wait for it to pass.
Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons
Madam Speaker, to pick up on the member's comment, we also cannot wait for the bill to pass.
It is encouraging that last week we had all-party support from the Greens, New Democrats, Conservatives and Liberals for the wage subsidy legislation and the rent subsidy assistance program. The legislation received royal assent just yesterday. It goes to show just how effective the House can be.
We now have another piece of legislation before us, and once again, it is receiving all-party support. Could the member provide her thoughts on how good it is to see all parties getting behind legislation in the hopes that it also receives royal assent soon?
Jag Sahota Conservative Calgary Skyview, AB
Madam Speaker, the member's question is different than the usual one of venting on how previous governments screwed up.
The Conservative Party was there for Canadians. When the Liberals brought in a bill that addressed the concerns and helped Canadians, Conservatives were there for them, co-operating with the Liberal government in passing those bills to make sure that the help gets to Canadians as fast as possible.
In certain instances we also pointed out deficiencies that were highlighted by our constituents who could not meet the criteria for these programs. Yes, definitely in terms of helping Canadians, the Conservative Party has been there, and there has been acknowledgement from the other side as well that Conservatives have supported Canadians. We will continue to do that.
Laurel Collins NDP Victoria, BC
Madam Speaker, I have spoken to a number of people in my riding about this bill.
I have also spoken to sex workers who are disproportionately impacted by the stereotypes and prejudices in our justice system. What they said to me was that this kind of bill is very important, but they also want parliamentarians and politicians to start listening to sex workers, and to acknowledge that sex work is work.
I am wondering what the member's comments on that would be.
Jag Sahota Conservative Calgary Skyview, AB
Madam Speaker, the bill is here before Parliament and is about to get passed. It addresses the concerns that women have and women face when accessing the justice system. I am going to leave it at that.
This is a step forward in the right direction.
Lenore Zann Liberal Cumberland—Colchester, NS
Madam Speaker, it is my pleasure today to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code, at third reading. Bill C-3 should receive all-party support since it is a vital step forward in achieving justice and equity for women and girls who are still too often affected by rape and sexual assault in our society today. It is still very much misunderstood, and it is an affront to all women.
Bill C-3 would amend the Judges Act to require candidates seeking an appointment to a provincial superior court to commit to participating in training related to sexual assault law and social context. This is a critical piece of legislation that is necessary to ensure that judges understand the context in which offending occurs. Thanks to amendments made by the Standing Committee on Justice and Human Rights, candidates must also commit to participate in training on systemic racism and systemic discrimination. This is an idea, and a bill, whose time has come.
The bill would also require the Canadian Judicial Council to ensure that those knowledgeable in the field, potentially including sexual assault survivor organizations, are consulted in the development of this new training.
The bill would also assist in assuring transparency in judicial decision-making by amending the Criminal Code's sexual assault provisions to include a requirement that judges provide reasons for their decisions either in writing or in the record of the proceedings. This requirement complements existing legal requirements for reasons, including specific obligations for judges to provide reasons in sexual history evidence. These amendments are critical to a fair and effective response to sexual assault, which we know disproportionately impacts women and girls.
Canada has come a long way in this regard. We have one of the most robust sexual assault legal frameworks in the world, but we must not forget the misogynistic myths and stereotypes to which Canada's existing legal and, I would say, largely patriarchal regime responds, nor the fact that those very same misogynistic myths and stereotypes persist to this day.
For example, pre-1983, sexual offending laws were repealed and replaced with the affirmative consent model that we now have in place. The previous laws accepted as fact, first of all, that a complainant who fails to resist is in fact consenting and, second, that a complainant who consented to sexual activity with the accused before an alleged sexual assault likely also consented to any subsequent sexual activity. We now know that these are false. They are misogynistic myths and stereotypes that distort the court's ability to seek the truth.
We also now know that they have a detrimental impact on victims who, as I have said, are overwhelmingly women and girls. Their impact is compounded when they intersect with other discriminatory stereotypes. In particular, they deter women and girls from coming forward to denounce their assailants, which means that those assailants cannot be held accountable.
While I was in the legislature in Nova Scotia for 10 years as an MLA, a bill came before us. I rose in the House as the status of women critic to discuss these issues and the fact that too many women and girls were part of the #MeToo movement because we have been sexually assaulted or raped in our lives, if not once, possibly twice. We never know. Sadly, this is a major crime and should be considered a major crime in Canada. We need help to make sure that assailants are taken to task and that this does not continue to happen.
In Nova Scotia, there was a case where a young woman was raped in a taxi and the reason given in court was that she was drunk and, therefore, the judge said even drunk people can consent. She was passed out. I do not think a woman who is passed out in the back of a taxi, expecting to be driven home after she has given her address, should be held accountable for the male driver stopping the taxi and raping her in the back seat.
As a staunch feminist, and as somebody who has been sexually assaulted and raped in her lifetime, I can say that these kinds of laws need to be changed and amended. Otherwise, more women and girls will not be able to come forward, just as I did not 30 years ago.
When a law is misapplied, appeals follow. Perhaps even a new trial will be ordered. This can significantly lengthen the criminal justice process and continue to harm victims.
Victims tell us that their interactions with the criminal justice system are often experienced as revictimization. It is therefore critically important that sexual assault matters be resolved as quickly, efficiently, effectively and compassionately as possible. Otherwise, victims will not want to come forward to denounce their assailants. They will not have confidence in the system that is supposedly there to protect them.
What can we do about this problem? How can we help our criminal justice system function fairly when addressing one of the most complex and, I would say, abhorrent human behaviours, a behaviour that is based on dominance, aggression, violence and power? It is not a sexual act in the sense of what some people may call sexy. It is violence and it is about power. It must be stopped, with zero tolerance.
I believe that all members of the House should support Bill C-3, which would assist in ensuring that judges have the education they need to understand sexual assault law, what misogyny is and systemic racism and to make the right decisions so that the right decision is made in each case. The people who are most impacted by the sexual offending and the social context in which the sexual offending occurs need to have justice and need to believe in our legal system.
With that, I will add that in Cumberland—Colchester we have many incredible feminists who are fighting for justice for women and girls. I would like to mention Linda MacDonald and Jeanne Sarson in particular, who have been very vocal and very active with regard to laws about non-state torture and human trafficking and about our need to crack down on the awful actions of the people who are profiting from human trafficking and sex trafficking. It is our intent to bring Canada into the 21st century so that we have people who understand what feminism is really all about and its importance. It is important to understand where the woman is coming from in these cases.
As an actor, I did a scene where I was being raped at knifepoint. The director and producer, on the spur of the moment, wanted me to show my breasts. They wanted to show a knife cutting into my shirt to show my breasts, and I said I was not going to do that. I was a young actor but I stood up for myself. They said, “Well, what are we going to do, then?” They wanted the scene to be impactful. I said they could just pan up to my face and show how I feel, how the victim feels, instead of trying to titillate an audience with this act of violence and aggression. That is, in fact, what we did.
That is the kind of thinking that Canada needs, and more creative people need as well, so that we can stamp out this awful behaviour.
Karen Vecchio Conservative Elgin—Middlesex—London, ON
Madam Speaker, I thank the member for sharing her story. It was so impactful. When a woman can stand in the House of Commons to share her story, we know we are doing our jobs.
One of the concerns I have right now relates to the discussions on COVID delays. This has to do with women as well. With COVID delays, is there a concern that some of these cases may be thrown out? I am not just looking at Bill C-3. What will happen if some people are outside of the normal time frame of 18 months? What does the member think the government can do, and what should we all be doing, to make sure that women find justice?
Lenore Zann Liberal Cumberland—Colchester, NS
Madam Speaker, I too am concerned about this. As a woman who has gone through it, I know 30 years is a long time to have no justice and to be looking back and saying I would have, should have, could have. I believe anybody who has been assaulted sexually or in any other way needs to have justice done.
In Nova Scotia, we passed laws whereby a person could go back 20 years. I believe something like this should also be considered in this particular case. It is an emergency situation and women should not suffer because of that.