An Act to amend the Judges Act and the Criminal Code

This bill is from 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 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.

Similar bills

C-5 (43rd Parliament, 1st session) An Act to amend the Judges Act and the Criminal Code
C-337 (42nd Parliament, 1st session) Judicial Accountability through Sexual Assault Law Training Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-3s:

C-3 (2021) Law An Act to amend the Criminal Code and the Canada Labour Code
C-3 (2020) An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts
C-3 (2015) Law Appropriation Act No. 4, 2015-16
C-3 (2013) Law Safeguarding Canada's Seas and Skies Act
C-3 (2011) Law Supporting Vulnerable Seniors and Strengthening Canada's Economy Act
C-3 (2010) Law Gender Equity in Indian Registration Act

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

November 16th, 2020 / 12:55 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, I think Ms. Ambrose would very much be in support of men contributing to the process. Men were implicated in allowing her to become a member of Parliament, minister and interim leader. The parliamentary secretary's point goes right back to my point with respect to this. The wonderful thing about being a Conservative is we are allowed to disagree with our colleagues. We are allowed to hold other views. This is not permitted in the current governing party, so I think it is something important to hold out. Conservatives have open discussions all the time within our caucus. We absolutely challenge each other's ideas and viewpoints in a way that I think is unprecedented in the Liberal caucus. Therefore, I would say she very much appreciates and is open to the ideas of all elected officials and parliamentarians. The wonderful thing about our party is that it allows for this wonderful scale of views.

Judges ActGovernment Orders

November 16th, 2020 / 12:55 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I too would like to echo the part of the speech by the member for Calgary Midnapore that acknowledged the leadership of Rona Ambrose.

I would also like to take this opportunity to thank Ms. Ambrose for her leadership in bringing this bill forward. The fact we are still debating it today I think speaks to that.

I want to ask the member this. There was some specific debate at the justice committee on how to broaden the term “social context”, and there was debate over the term “systemic”, so we now have in this bill reference to systemic racism and systemic discrimination. I would like to hear not only the member's comments on why it is important that this federal statute now acknowledge systemic racism and systemic discrimination in the justice system, but also her thoughts on what we need to do beyond legislation to ensure that everyone, no matter their background, who goes through the justice system feels accepted, that their experience is going to be valued and that they will get the justice they deserve.

Judges ActGovernment Orders

November 16th, 2020 / 12:55 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, I go back to what I believe is the fundamental beauty of this bill, which is to provide all Canadians and all individuals within the justice system the opportunity to share their stories no matter what those stories are.

The hon. member is correct. I did focus mostly on women and Rona's commitment and contributions to women and girls. This is an incredible time in history of recognizing ourselves as individuals, as free thinkers, as being authentically who we are. That is fundamentally a conservative principle to me, recognizing the individual, believing in oneself and expressing who one is, so I would say that applies to all Canadians.

Judges ActGovernment Orders

November 16th, 2020 / 1 p.m.

Winnipeg North Manitoba

Liberal

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, the degree to which political parties have been put to the side as we deal with this very important issue is encouraging. The role the provinces play was raised by one of my colleagues. It is important. My daughter, an MLA, is dealing with this very issue. I am anticipating that sometime before Christmas there will be an act to try to move forward with it. Would my colleague be prepared to share her thoughts with the premier of Manitoba on giving support to any potential legislation of this nature?

Judges ActGovernment Orders

November 16th, 2020 / 1 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, I will always have love and respect for Manitoba. My husband is from Winnipeg.

Certainly, as a federal member of Parliament, I am not in the business of providing direction to my provincial colleagues, no matter what their station or position. I just speak to the appreciation I have for this bill and, more importantly, its creator today.

Judges ActGovernment Orders

November 16th, 2020 / 1 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to salute the member for Calgary Midnapore, because I know that she played a role in Equal Voice in Calgary and has done a lot for women in politics. In light of that and, again, celebrating the many wonderful women judges of the Supreme Court of Canada, including the former chief justice Beverley McLachlin, our first woman justice Bertha Wilson and current members of the court, I do feel that non-partisanship is important. It is important to recognize that Rona Ambrose did a lot of non-partisan things in the House, including supporting my bill for Lyme disease action.

Please forgive me, but with deep respect for someone who as well as being my personal hero became a dear friend, the late Flora MacDonald would never have wanted to be associated with the current version of the Conservative Party. She was unable to join it once it ceased to be the Progressive Conservative Party. My wish for members on that side of the House is that they strive to be the kind of party that the Right Hon. Joe Clark would join again.

Judges ActGovernment Orders

November 16th, 2020 / 1 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, my thanks to the member for Saanich—Gulf Islands for the compliment, although it was, as always, a little double-sided and a little backhanded. Apparently, she has an ability to speak to the dead. If she could teach me how to do that, I would be interested.

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, we see many substantial contributions by Conservative women in various countries throughout the world. It is striking to me that in some corners of the commentary, those contributions are often not recognized. There is legitimate celebration around the achievements of women on the left side of the spectrum, and yet, some of the great heroes of the Conservative movement who are women are ignored.

Does the member have thoughts on that and the steps we can take to better celebrate and recognize the immense contributions of Conservative women?

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, my colleague from Sherwood Park has incredible knowledge and is very much implicated in world affairs. I would not know where to begin in terms of the incredible world leaders who are women beyond our borders, but I am very grateful to have worked with former minister Ambrose and to still call her a friend. I will save my recognition for another speech.

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I will be sharing my time with my colleague, the member for Salaberry—Suroît.

As far as we are concerned—

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

The Assistant Deputy Speaker Carol Hughes

Order.

We must ask for unanimous consent of the House to split your time given that this is the first part of the debate.

Does the member have the unanimous consent of the House to share his time with the member for Salaberry—Suroît?

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

Some hon. members

Agreed.

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

The Assistant Deputy Speaker Carol Hughes

There is no opposition.

The hon. member for Rivière-du-Nord.

Judges ActGovernment Orders

November 16th, 2020 / 1:05 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, the Bloc Québécois will support this bill with enthusiasm, just as we supported all its previous iterations.

We believe that victims of sexual assault must be well supported. The judicial process must be followed and, in our opinion, the only way to ensure that victims come forward and that there is due process, as our justice system requires, is to support the victims. We must ensure that judges who hear these cases do so with an open mind in order to be able to recognize the credibility of the victims and to examine the facts objectively and carefully.

In the past, there have been too many examples of situations where victims refused to come forward out of fear or a lack of trust in the judicial process. I believe that it is one of our main duties as legislators to ensure that victims of crime, no matter the crimes or the victims, trust the justice system enough to come forward and present their case.

That said, I would be remiss if I did not mention that the Bloc Québécois finds it very unfortunate that the government is using victims of sexual assault to introduce notions into this bill that were not in the previous versions and that have nothing to do with the purpose of the legislation. I am talking about the notions of systemic racism and discrimination.

Let me be clear: I am not saying that racism and discrimination do not exist in Quebec and Canada. They exist, and we agree on that. We do not agree, however, on whether racism and discrimination are systemic or institutional.

These issues are not clear-cut and they are currently a topic of debate in Quebec. They are not clear-cut and no one can agree on the meaning of these words. When we held hearings in committee on the previous version of Bill C-3, we heard from a number of witnesses. However, we did not ask any of those witnesses questions about systemic racism, systemic discrimination or all of the other notions the government has put into Bill C-3.

Parliament is voting today on a bill that started out as a pious hope on the part of Rona Ambrose. Members will recall that the Bloc Québécois enthusiastically supported that bill. At the time, I even moved a motion in the House to send the bill directly to the Senate and for the Senate to quickly pass it before the end of the Parliament. However, we know that the bill died on the Order Paper when an election was called. Since the bill was not passed, we are starting over again today.

Until now, this was not about systemic racism or discrimination. However, we are making a decision here as legislators and saying that our judges must take training on systemic racism and discrimination even though we have not heard from experts on that subject and we have not put any thought into it. We are doing that through the simple but detrimental process of making last-minute amendments during the clause-by-clause examination of the bill.

We are changing the situation by introducing abstract notions, notions on which there is no consensus and on which we have not heard from any experts, into a laudable bill that everyone agreed on and that sought to give judges training around sexual assault. I think that is unfortunate and I would ask my colleagues to refrain from taking this approach.

If we want to bake an apple pie, then we need apples, not grapes. What we are doing here is adding grapes to our apple pie. In the end, we will have an apple-grape pie, which is rather unfortunate. I do not know what the Senate will do with this iteration of Bill C-3. We will see.

Once again, the Bloc Québécois has always been there to support all victims of crime, no matter who they are, particularly victims of sexual assault. We have been there from the start and we will always be there. We will support this bill, but we are not happy that it now includes concepts that do not belong in it.

Lastly, I want to say that we must not stop here. Yes, making sure our judges get sexual assault training is good, but we need to keep working on this. Victims of sexual assault need support throughout the legal process. It is traumatizing for victims to testify about a crime, and it is all the more traumatizing when that crime is as intimate as sexual assault. Often, that testimony is given years after the crime was committed, and victims who must testify are forced to relive the crime.

Yes, they need a judge who is open, who listens to them objectively, who understands their state of mind during their testimony and who is capable of evaluating the evidence objectively and effectively. However, the system also needs to support these victims in myriad other ways, and Bill C-3 does not enable that. Things will have to be done differently.

I remind members that the provinces are responsible for administering justice. We will always be committed to ensuring that Quebec can manage the entire judicial process. However, in order to truly support victims of sexual assault all through the process, the federal government should make significant investments. Bill C-3 does not include any such investments, but they are worth mentioning.

Let's not delude ourselves into thinking that training for judges will be a cure-all and that it will eliminate every problem. This is a very important issue that we still all agree on, but it goes beyond that. We will have to continue to work with victims and be cautious when dealing with a topic as important as victims of sexual assault. There is no consensus in Quebec or Canada on the notions of systemic racism and discrimination, and we have not heard from experts to advise us on how to legislate these major issues. The government must not introduce unclear notions into a bill, as it has done and as it will be tempted to do with other bills.

I reiterate our concern, but the Bloc Québécois will support this bill.

Judges ActGovernment Orders

November 16th, 2020 / 1:15 p.m.

Parkdale—High Park Ontario

Liberal

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

Madam Speaker, I want to start by thanking the member opposite for his contributions at the justice committee. I will confess that my recollection of the witness testimony during the study was that witnesses did talk about systemic racism and systemic discrimination.

I will say to the member, point blank, that when we are talking about a bill that deals with the interaction of women who have experienced sexual assault and sexual violence, given the missing and murdered indigenous women and girls inquiry, I think systemic racism and systemic discrimination need to be front and centre in any training of judges being sensitized to these important issues.

Would the member agree with that simple concept, given the increased awareness of these issues vis-à-vis systemic concerns in Quebec in light of what happened to Joyce Echaquan in the health care setting? The health care setting is very similar in that regard to the justice setting.