An Act to amend the Judges Act and the Criminal Code

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 23, 2020 Passed 3rd reading and adoption of Bill C-3, An Act to amend the Judges Act and the Criminal Code
Oct. 19, 2020 Passed 2nd reading of Bill C-3, An Act to amend the Judges Act and the Criminal Code

Judges ActGovernment Orders

October 8th, 2020 / 12:15 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, of course the government side determines the parliamentary agenda, so I am just really happy it presented this bill for full debate. Debate is really important. It is important that our justice system appears to be fair and judicious. It is also important that the Canadian public recognizes Canada's Parliament takes these issues very seriously, and that we are having this open, full and frank debate on this very sensitive topic. I applaud that.

Judges ActGovernment Orders

October 8th, 2020 / 12:15 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I would like to take this opportunity in the House to thank and congratulate folks in Quebec and across Canada who are working on the front lines of this pandemic in hospitals and long-term care homes. I am talking about health care workers, nurses, doctors and orderlies. We are now in the midst of a ferocious and very complex second wave, and these people have not had a break since the first wave this summer. They were not even able to take vacation. That is not easy. I commend them and honour them for the essential work they are doing.

It is a huge honour for me to speak to this bill. I stand here humbly, hoping to make a modest contribution, to play a small part in making sure that our justice system treats everyone the same.

As I stand here, I am thinking of all the women I have known in my lifetime who experienced the trauma of sexual or other types of assault. I am thinking of all the women who even today hesitate to file a report because the process is too long, too gruelling, too overwhelming. I am thinking of the women who worry that they will have to relive their painful moments and trauma over and over again, retell their stories over and over, and find the words, words that can often hurt just as much as the actions. I am thinking of the women who know or believe that, at the end of the day, justice will not be served.

Obviously, I am also thinking of my 17-year-old daughter and 12-year-old son. It is also important to me as a man. I believe this is a rather sensitive debate. There have been some good questions and considerations that have been touched on in recent days with regard to this matter. If my sex, my being a man, is part of the problem, then I hope that, as a parliamentarian, I can be part of the solution.

The statistics on sexual assault are shocking. Only 5% of women who are assaulted report it. That is shocking. According to the Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel, Quebec's association of sexual assault centres, believe it or not, only three of every 1,000 reports of sexual assault result in a conviction. Apparently, the vast majority of victims never report their assault, and the few who do never get justice. The justice system scares them.

Yesterday and today, my colleagues gave several examples of judges whose comments exposed their poor understanding of issues related to sexual assault and who have therefore done justice a disservice. Bill C-3 will fix that. I do not think it is a panacea or the definitive solution, but it is a big step in the right direction. The Bloc Québécois supports this bill, which everyone seems to agree on, so let's adopt it quickly and not let it drag on. It is a step in the right direction, but we need to do more.

I would like to invite this assembly to consider the social and cultural changes that are needed when it comes to sexual consent. We see that these changes are happening slowly in society. We have seen it in recent years, but I think we need to go even further.

Let us talk about rape culture. To make sure that we understand what that means, the United Nations defines rape culture as the social environment that allows sexual violence to be normalized and justified, fuelled by the persistent gender inequalities and attitudes about gender and sexuality. Naming it is the first step to dismantling rape culture.

Rape culture exists in Quebec and Canada. Of course, we can agree that no one would publicly and voluntarily endorse sexual assault. However, by perpetuating myths surrounding sexual assault, some individuals often contribute, quite unconsciously, to trivializing sexual assault and invalidating victims' experiences. Rape culture and, more broadly, the trivialization of sexual assault are deeply rooted in our society.

How many men have learned from watching movies that kissing someone out of the blue is romantic? However, in many cases, that can constitute sexual assault. It is imprinted in our brains. These are behaviours that are difficult to change. Take, for example, the number of movies in which a suitor relentlessly pursues the woman of his dreams until she finally gives in and agrees to go out with him, even though she initially refused. It is presented as romantic and sweet.

An example of this is a film I am sure everyone is familiar with that grossed $100 million at the box office. The Notebook is a 2004 film starring Ryan Gosling. In it, his character forces his future wife to agree to a date with him after harassing her at a carnival and threatening to commit suicide if she does not give in to his blackmail. That is really something. It seems so cute and sweet: the girl sees the guy hanging off a merry-go-round, and he threatens to throw himself under it. He tells her that if she does not agree to go out with him, he will kill himself. The girl wants nothing to do with the guy, and in fact, she was there with her boyfriend, but she eventually gives in. Everyone loved the film, and it took in millions of dollars at the box office. Men and women saw that as romantic.

Rape culture is perpetuated by collective myths. It is also perpetuated by individual actions that reinforce prejudices and stereotypes. Certain comments and questions can unintentionally make victims feel worthless. Sometimes these comments can even come from the victim's own family or loved ones.

Think about what happens to victims of sexual assault when they report the crime to the police or someone else. They get asked why they did not leave, why they did not fight off their attacker, why they drank that night, and how they were dressed. Sometimes the victim's account is questioned because she had multiple partners, because that shows promiscuity, which is viewed negatively. All these questions and comments do harm.

We must not only understand rape culture, but also destroy it. Many collective and individual changes are needed. We must also denounce macho culture, where a man who gets rejected is humiliated and judged because he did not get what he was hoping for. We have to develop positive and healthy masculinity. It has be okay for a man to be told no. It does not make him any less of a man or take anything away from his masculinity. No must always mean no. Being told no is not a signal to ask 50 more times in the hope of being told yes. Accepting no for an answer is not less manly.

Naturally, we must do more than just say no means no. Change is happening. In Quebec, for example, there is an interesting campaign called “Sans oui, c'est non!” or “If It's Not a Yes, It's a No!”. This campaign has helped raise awareness significantly on university campuses. I commend their contribution and their efforts.

More and more people understand that having sexual contact with a person who did not say no because they were unable to also counts as sexual assault. I am thinking in particular of TV host Julie Snyder. Last week, on her show, she responded to Gilbert Rozon, who had claimed that he had never slept with anyone who said no. Julie Snyder said that a person cannot say no if they are sleeping, and they cannot say no if they are not asked. That, too, contributes to rape culture.

More and more people understand that a timid, embarrassed or fearful no may not be a true yes and that it is vital to get true and enthusiastic consent. When in doubt, stop and check. It is very important that people understand this. We must destroy rape culture. This also means questioning our role as men and as individuals.

I do not have much time left, but I think my colleagues know where I was going with that.

This is a very important and worthwhile bill. It is a step in the right direction. The justice system can play a part, but as a society, and as men, we can all go a little further and start thinking about these issues. As someone rightly mentioned earlier, we are currently talking about training for judges already on the bench, but we also need to ensure that future judges will have taken the training beforehand.

If we knew that judicial candidates already had that training and that open-mindedness, we would be able to help move society forward.

Judges ActGovernment Orders

October 8th, 2020 / 12:25 p.m.
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Liberal

Jennifer O'Connell Liberal Pickering—Uxbridge, ON

Madam Speaker, if I understood the translation correctly, my colleague commented that as a man, he recognized that gender may be part of the problem and he hoped to be part of the solution. I hope I am quoting him correctly. As a woman listening to his speech, I very much appreciate it. Having this conversation on the issues around rape culture are very impactful and I appreciate him speaking on this.

I asked this earlier and I would ask the member for his comments. When less than 2% of sexual assault crimes result in a conviction, what message does that send to women, to victims in general and to perpetrators who get away without accountability?

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I think that is what this bill seeks to address. Clearly, the justice system is not welcoming to victims right now. Women do not feel safe, as I mentioned. It is like a mountain. Sexual assault victims must repeat their stories to a police officer, a lawyer, a judge. They have to recount a very painful experience. As a result, women end up getting discouraged.

We have the statistics, but I think that the real figures are likely even worse. Bill C-3 is a step in the right direction; we are taking a small step forward so that women will want to report an assault, but we are not there yet. We will have to continue working.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my colleague for his speech. He raised a number of very important points, such as the need to move forward and do more, changing attitudes, cultural shifts, and social change. I completely agree with him.

Now here we are with a bill that has unanimous support, but the Conservative Party rejected a motion to fast-track its passage and send it to the Senate right away. I do not know why things are being delayed like this. Maybe the Conservative Party does not want to discuss certain bills, like the one banning conversion therapy, which is insulting and degrading to the entire LGBTQ+ community.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I agree with my hon. colleague.

I have been here since yesterday, and I have been an MP for a year. I see the Liberals and the Conservatives pointing fingers at each other and saying it is the other party's fault that the bill has not been passed. Both parties are to blame. This could all have been wrapped up a long time ago. The bill could already have been adopted, and we could have moved on to discussing the issues I talked about in my remarks. Partisanship has no place in certain debates and bills, and this is one of them. I find it most regrettable.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I would like to begin by thanking my hon. colleague from Longueuil—Saint-Hubert, whose speech was passionate and extremely relevant as usual. He tends to think outside the box, as they say. I am deeply grateful to him for his speech.

I would like to know to what extent he thinks this bill will combat rape culture.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, it is a small part. The bill sends a message that judges will have to take training going forward, and this will encourage them to be more open-minded when it comes to these issues, thereby avoiding the kind of terrible comments and remarks we heard from Judge Braun, for example. Progress is slow. As my colleague from Rivière-des-Mille-Îles said, this is a small step. We need to do a lot more.

It is interesting, and I am glad that we are talking about this here and that these matters are being raised, but we are addressing only a tiny part of the issue, where solutions are possible. Yes, there are some solutions, and this does solve certain problems, but this is a much broader issue.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, it is a pleasure to rise and speak to Bill C-3. The original legislation was first introduced in February 2017 as Bill C-337 by the Hon. Rona Ambrose, the former leader of our party as well as the official opposition. I want to thank Ms. Ambrose for the passionate advocacy that she has taken on this important legislation.

I am also pleased to see that the legislation adopted by the Liberal government earlier this year was reintroduced again now as Bill C-3. In 2017, it received unanimous support from the House of Commons and passed quickly to committee. I guess it should come as no surprise then that it would take over two years for it to move through the legislative process despite having all-party support and it would die on the floor of the Senate in June 2019. Despite finishing the legislative process at about the same time as 15-plus other bills that June, it was held back by the Liberal majority government from receiving Royal Assent. Why, people may ask? Some may suggest it is to play the same Liberal games that many Canadians despise and disapprove of, and that is so it can be renamed and called their own.

This is important legislation as it is a step forward toward actually improving our criminal justice system, something that the Liberal government has done little or nothing on for the last five years. This legislation is about ensuring trust is maintained in the justice system and that survivors of sexual assault are respected by the justice system when they do come forward. The bill requires that to be appointed a judge of a Superior Court, an individual must now commit to participate in continuing education on matters related to sexual assault law and social context, including attending seminars.

This would ensure that Superior Court judges are equipped with the knowledge and skills required to address sexual assault trials and ensure that survivors are treated with dignity and respect. It also provides training to not feed into the myths and stereotypes that often cause women to hesitate to come forward. Personally, I would have preferred that, in addition to the new appointments to the bench, all current judges sitting at every level of court that adjudicates sexual offences in this country be required to participate in continuing education on these matters as well, in the same way that this legislation proposes for new Superior Court appointments.

The bill would also require judges to provide reasons for decisions on sexual assault cases. This is good, as it will give more information to victims and improve transparency for the justice system and the public who watch it.

As a former police officer who has given testimony in a wide variety of criminal cases, including numerous sexual assault cases, I have the utmost respect for the significant challenge and burden placed on our judges. Every day they are tasked with appropriately applying the law to determine guilt or innocence as they adjudicate criminal cases. While Canadians enjoy the best justice system in the world, it is not without its flaws. Judges, after all, are human like all of us and are given the incredible responsibility of applying laws written by other humans, namely parliamentarians in the House. We know that sometimes those laws can also be flawed.

We put a great deal of authority and trust in our judges and so ensuring that people who take up this challenging post are properly equipped, we must ensure that they have the necessary training and knowledge to fulfill those responsibilities to the best of their ability and to the expectations of the Canadian public. This training would eliminate misconceptions, myths and stereotypes that often prevent victims of sexual assault, almost always women, from coming forward and pressing charges against their attackers. This is not a minor issue. The number of sexual assaults that occur in Canada and are never reported is staggering.

Statistics Canada reported that only 5% of women who are sexually assaulted come to the attention of police. I suspect that one of the many reasons is because of the women's lack of confidence in our justice system. Far too few of these crimes are reported, and of the 5% that are reported, only 21% have led to a court case. There are many factors in this, including what evidence might be available, how it might be prosecuted, witnesses who are available, any corroborating evidence, attitude of the justice participants, how judges approach the issue, and maybe many others.

Of the 21% that actually get to court, of the 5% who actually reported being assaulted, only 12% of those cases result in conviction. That is 12% of 21% of 5%. In other words, there is a better than 98% chance of not being convicted of sexually assaulting another person in this country. That is unacceptable. Finally, of all those convicted of sexual assault only 7% result in a prison term. These are terrible crimes and they have lasting, lifelong impacts. Getting a conviction on a sexual assault, let alone having someone sentenced, is far too rare. Most victims of crimes of violent sexual assault will usually prefer not to relive the experience over and over again in our courts, living through the trauma multiple times.

Like I said previously, I have investigated many sexual assault crimes. The heartbreaking experiences of victims are further exacerbated by our justice system. The victims feel they are not being believed. The intrusive nature of the evidence-collection process; retelling their experiences, over and over again; sometimes limited victim supports; and lack of convictions reduce the victims' willingness to come forward. If the assailants are convicted, many victims do not feel that the sentence that is given out fits what happened to them.

This bill is the kind of thing that governments should be doing: working to improve our justice system, working to support victims with better services and working so that criminals who assault others are held accountable and put in jail. Support for victims has been sorely lacking in the last few years. There has been lots of support for criminals, including reduced sentences for some serious and violent crimes, but limited support for victims.

The Canadian Association of Chiefs of Police noted in its brief to Parliament on Bill C-75 that for some criminals, if given reduced sentences, it would mean eliminating certain information being entered into the Canadian Police Information Centre system, including DNA. When the conviction is considered a secondary offence, it eliminates critical information that then limits the ability for police to track and catch that criminal if they commit other crimes. As the CACP put it, this would “have a direct and negative impact on police investigations.” I would add, “and on public safety”.

Canadians should not live in fear. Young women should not live in fear. Victims and their families should not be living in fear. They should have trust and confidence in our justice system. Victims and their rights should always be put ahead of the rights of criminals. Canada's Conservatives recognize that far too often the justice system fails to respect the experiences of victims of sexual assault.

It is time that we end comments and attitudes like that of our Prime Minister, where he said that she “experienced it differently”. Those kinds of excuses allow sexual assaults and sexual harassment to be normalized. Calling it out is a duty of all of us. Acting to stop that kind of behaviour is a responsibility of this House.

My hope is that this bill will be the first step in improving the treatment of victims, increasing the conviction of sexual offenders, improving public safety, and developing the trust and confidence of Canadians in our justice system.

Judges ActGovernment Orders

October 8th, 2020 / 12:40 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to thank the member for Medicine Hat—Cardston—Warner for his contributions to today's debate and in Parliament, but also for his service in the past as a police officer.

By way of comment, I would just indicate that in terms of crafting this bill we are always looking to protect the critical, constitutionally important principle of judicial independence. Apropos of the member's comment about judges at every level or jurisdiction in every court in the land, we do not at the federal level have the ability to intervene directly with respect to provincially appointed judges. What we can do is set an example at the federal level of what we are trying to do and the importance of judicial education on sexual assault law and in social context.

Given the importance of this kind of bill and this kind of training, we commit to get this expeditiously to the Standing Committee on Justice and Human Rights; and to also work with his colleagues in the Alberta government, including Premier Kenney, to ensure similar types of training are also delivered provincially as is now being done in Prince Edward Island.

Judges ActGovernment Orders

October 8th, 2020 / 12:45 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, yes, absolutely it is necessary to work collaboratively. I think the steps of the House to ensure that, at least federally, this is done and working toward all provinces having this as a requirement of anyone sitting on the bench would go a long way toward serving the justice system and victims.

As for expeditiously moving this through the House, I would push back and say this had the opportunity to be passed in the last Parliament. It was introduced in February 2017. For two years, it went through the process. It was at the Senate. It did not receive royal assent. Why? It was because the Liberal government did not push it forward to receive royal assent, and I wonder why.

Now, we have a bill that we, of course, support and want to debate to make sure that we get it right. We have waited, now, nearly three years since this was introduced. It is important that the bill move forward, but move forward in a way that serves the best needs of Canadians, not the current Liberal government.

Judges ActGovernment Orders

October 8th, 2020 / 12:45 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I want to congratulate my colleague on an excellent speech. I appreciate his input, his background and perspective on it, and his support for this very important bill.

One of the figures mentioned was about only a small percentage of cases involving sexual assault being brought forward. Could my colleague, in his experience as a police officer, could elaborate a bit on why he thinks that is the case and how, perhaps, this bill could help in that regard?

Judges ActGovernment Orders

October 8th, 2020 / 12:45 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I believe a number of factors inhibit the successful prosecution of sexual assault cases. They are vast. It could be that the police officer may not have the experience necessary, or the appropriate attitude, to investigate this. It may be that the prosecutor is overwhelmed and undertrained, and so may not give it the attention it requires. It may be that witnesses are reluctant or that the victim is reluctant.

However, in those cases that actually get to court, it is incredible to see that the system is tilted. I appreciate the balance of probabilities and the whole issue of “beyond a reasonable doubt” or any doubt for conviction, but I have had great evidence that has been put together from incredible witness testimony, DNA evidence and everything there, and the judges sometimes, for various reasons, will not convict.

So, I think that the more training they have, the better it is for everybody.

Judges ActGovernment Orders

October 8th, 2020 / 12:45 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, we have been asking questions all day about why the Conservatives did not agree with the proposal to send the bill to the Senate as quickly as possible.

I would like my hon. colleague to explain to me why the debates we are having here today are so important. Will they help get this bill passed any faster?

Judges ActGovernment Orders

October 8th, 2020 / 12:45 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I think that is a question we should ask the government, why it dragged its feet for nearly three years on this bill. Why did it not get the push that it should have? I did not get a chance to speak to it last time. I get a chance to speak to it today. I think it is important that it be debated further in committee. There might be amendments that can be made that would make this even stronger than it is today.