Bill C-3 (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 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.

Judges Act

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, I am pleased to have the opportunity this afternoon to speak to Bill C-3.

To begin with, I want to thank the government for reintroducing this important piece of legislation in this new session of the 43rd Parliament. Members will recall that the original architect of this bill, when it was presented as a private member's bill, Bill C-337, was the former Conservative interim leader Rona Ambrose. I want to thank her for her tireless efforts to support and protect survivors of sexual assault.

In short, this bill proposes to require judges to participate in continuing legal education with respect to sexual assault law. It requires the Canadian Judicial Council to submit an annual report to Parliament on the delivery of and participation in sexual assault information seminars established by it. It requires judges to provide reasons for decisions in sexual assault cases.

That is what the bill does, but what is the bill about? It is about ensuring that trust is maintained in the judicial system. Trust is a very important thing. It takes a long time, often a lifetime, to establish trust, but it only takes a moment to destroy it. It is about ensuring survivors of sexual assault are treated with dignity, respect and compassion by the judicial system when they have the courage to come forward.

Sharing about what led her to introduce the previous version of the bill, also called the just act, Ms. Ambrose spoke about her time volunteering at a rape crisis centre while in university. She also shared about a research project that she participated in, a court watch program, and said, “This project basically had student volunteers like me sitting in courtrooms during sexual assault and sexual abuse cases, taking notes about how victims and complainants were treated. It was shocking.”

She went on to share during her speech one of the troubling scenarios she witnessed. She said, “I remember sitting in a courtroom taking notes when a prosecutor was questioning a little girl—when I say little girl, I mean under the age of 12—about how she sat on a defendant's lap. The insinuation was that she was flirting with this man who was in his fifties.”

I am the father of two daughters and the grandfather of six granddaughters. I cannot imagine how I would feel or how I would react if I were to watch one of my daughters or grandchildren, had they been a victim, being treated like that in a court of law. This is not an impressive experience that any Canadian should have in our judicial system.

Tragically, it is young women aged 15 to 24 who have the highest rate of sexual assaults. It is also more likely for victims of self-reported incidents of sexual assaults than it is for victims of robberies and physical assaults for the offender to be known to them. These realities perhaps contribute to another troubling fact, which is that, according to the justice department, the majority of sexual assaults, 83% of them, go unreported to the police.

By requiring judges to stay current with respect to sexual assault laws, Bill C-3 will make sure that sexual assault survivors are treated with dignity, respect and compassion by our justice system.

In addition to the education component, Bill C-3 will also require judges to provide written reasoning for decisions in sexual assault proceedings. This provision offers those engaged with the justice system, and all Canadians, more transparency. More transparency will build trust, and with more trust will come a greater willingness to seek justice when one has been wronged. Only by restoring that trust and confidence in our justice system can we ensure these young women will have access to the justice they deserve.

In our 2019 platform, the Conservative Party committed to requiring all judicial appointees to take sexual assault sensitivity training prior to taking the bench. This bill requires them to commit to taking training prior to taking the bench and is therefore consistent with our party's commitment to defend victims of crime.

I was pleased to support Rona Ambrose's just act in the last Parliament, because there are still instances where the justice system fails to respect the experiences of sexual assault survivors. We owe it to them to address these failings, and Bill C-3 does that.

I want to take a step back from this specific bill for a moment, because in an ideal world we would not need the just act and we would not need Bill C-3. What we need is to be appointing judges who are people of integrity in the first place, judges who recognize the dignity and value of each person before them, and judges who are sensitive to the tragic circumstances that often lead to individuals attending their courtroom.

I am reminded of the story of two wolves, a popular legend often attributed to the Cherokee people. As the story goes, an old Cherokee man was teaching his grandson about life, and he said, “Grandson, a fight is going on inside of me, and it is a terrible fight between two wolves. One is evil. He is anger, envy, sorrow, regret, greed, arrogance, self-pity, guilt, resentment, inferiority, lies, false pride, superiority and ego."

The grandfather continued, “The other wolf is good. He is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy generosity, truth, compassion and faith. The same fight is going on in you, grandson, and in every other person as well.”

The grandson thought about it for a minute. He then asked his grandfather, “Grandfather, which wolf will win?”

The grandfather used that opportunity very wisely. He said, “The one we feed.”

The point is that each one of us is feeding those metaphorical wolves every day. We choose which one grows in strength, character and stature. We choose which one wins. Many of us will be familiar with the disturbing comments of one Canadian judge, who asked the sexual assault complainant why she could not just keep her knees together.

This goes to show that our judges are not immune to this kind of struggle, and that is why appointing judges of integrity is critical. Appointing judges of good character and proven track record is essential. Appointing judges who have proven themselves to be good, decent and honourable people is the best starting point that we can have, and from there we keep investing in good people with further training and, in this instance, further training on sexual assault law.

Some might ask why we should train. We have heard the arguments that we train them only for them to leave, and that it is a waste of time and a waste of money. The answer to that is, “What if we do not train them, and they stay?” That, of course, is a worse situation. Training is important, and part of what this bill seeks to accomplish is ongoing training and improvement of our justices.

My Christian faith offers a similar sentiment. Jesus, sharing with a group of people, says that no good tree bears bad fruit and no bad tree bears good fruit, for each tree is known by its fruit. Figs are not gathered from bushes, nor are grapes gathered from a bramble bush. The good person that treasures good in his heart produces good, and an evil person that treasures evil produces evil, for out of the abundance of the heart, their mouth speaks. We need to start with good people, and from there continue to invest in good people and good judges through training them to disseminate the justice and to do it with compassion.

At this moment, at the very least, this bill will help judges to feed the right wolf. Furthering education around sexual assault law can help develop a judge's humility, empathy and compassion when dealing with sexual assault survivors. Pulling back the curtain on the rationale behind a judge's decision also encourages a fulsome presentation of truth and can empower victims on their journey to find peace. This is what it looks like, at least in part, to feed the good wolf.

On this side of the House we will always look for ways to stand up for survivors of sexual assault. We will always strive to ensure victims of crime are treated with dignity, respect and compassion. I am thankful today for this opportunity for us to come together to discuss this very important bill, and I am thankful that, across all the party lines in the House, we can come together with the common sense of purpose and unity on this bill.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, to the member opposite, I wanted to continue to quote the National Post article that I quoted from in my last intervention. It is an article that cites Rona Ambrose, whom the member himself cited in his intervention.

What she indicated at that time, expressing her frustration with members of the Conservative Party who were in the Senate, was that it “could help” for Conservative leader Andrew Scheer to talk to them about her bill, referencing the previous leader of the Conservative Party and the fact—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. parliamentary secretary cannot refer to a member by his or her name.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, at that time she was referring to the member for Regina—Qu'Appelle in his previous capacity as leader of the official opposition.

I ask the member opposite, given his and his party's repeated invocation of Rona Ambrose, the leader under whom he served, her belief in her own bill, our and every party's, including his own's, belief in this bill, did that conversation ever happen between the former leader of the opposition and Conservative members of the Senate? Further to this legislation now, will the Conservative—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member for Provencher.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, the Parliamentary Secretary to the Minister of Justice has indeed posed an interesting question. To presume that I would have intimate knowledge of every conversation that may or may not have happened in this place is giving me an awful lot of credit, which I just do not deserve.

Further to that, we would not be discussing this today had Parliament not been prorogued by the Prime Minister. This bill could be long on its way. It has gone through the House already. Unfortunately, what we are doing here today should not be necessary. However, it is necessary, because we want this bill to go forward. I support it, and I hope the Parliamentary Secretary to the Minister of Justice can see his way through to supporting it as well.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I believe that everyone agrees that this is an important bill, a step in the right direction, and that it addresses a crucial issue, but I am frustrated by the Conservatives' inconsistency. I would like to understand one thing.

This week, why did the Conservative Party reject the proposal made by one of my colleagues to immediately send this bill to the Senate? Why are we spending the day still talking about this when we could have sent it to the Senate, had the Conservatives agreed?

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, that is actually a great question. Why are we discussing this bill today? We could have, by unanimous consent, moved it along. We chose not to, and we chose not to because we believe it is so important for Canadians to participate in this discussion.

We think it is important for victims of sexual assault in this country to get the respect, dignity, compassion and justice they deserve, not only in the House but also in the courts. When the Canadian public understands that this is an important issue, it raises the awareness of the value all parties in this House place on this issue. We are discussing it here today to create a higher profile for the victims of sexual assault.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, when I was a member of the status of women committee, one of the things we discussed was how we could improve the lives of young women and girls, as well as the young boys who have also been affected by sexual assault. One of the things we looked at was education. We talked a lot about that, because we have to go back to the core of how this happens. We know there are lots of influences.

I was wondering if the hon. member could talk about what we should do when it comes to the education system and the education of our youth in respect to young women and girls.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, educating our young boys and girls is very important. It is something I place a lot of value on. Parents should be able to engage in open and frank discussions with their children about important issues, such as issues around sex and the invasion of children's personal space. These conversations need to start at home with mom and dad. From there, they can grow.

It is important for kids to have the trust in mom and dad so they go to them with their concerns. If they have situations where they feel they have been violated, such as their personal space being intruded upon, they should be comfortable enough to go to mom and dad, tell them what happened and ask if it is right or appropriate. Education is best started at home.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, today it is a great pleasure for me to speak virtually to Bill C-3 for the first time. I would like to take this opportunity to say hello to the interpreters and thank them for doing a really incredible job.

I am very pleased to speak to Bill C-3, especially since I am a feminist. Defending women's rights and social justice are important priorities for me, and these issues are at the heart of this bill.

Members will have heard my Bloc Québécois colleagues say that passing this bill is in the interest of both the judiciary and the public, especially victims of sexual assault. I believe that parliamentarians must act quickly to implement it, but it nonetheless deserves to be studied in committee, particularly since the Quebec bar association has raised certain concerns that I will discuss later.

I want to address my female colleagues and constituents, in particular. Unfortunately, we have all been the victims of disgraceful comments at least once in our lives, whether they were about our physical appearance, our age, our clothes, our way of working or other things. We have also all heard this sort of comment being made about our female friends, colleagues, sisters or mothers.

Unfortunately, this practice is widespread and just as common in our society as in our justice system. Many times, judges have made inappropriate comments during sexual assault trials. Some have even rendered decisions without taking into account the victim and her difficult reality. Although we have a lot of work to do to eliminate this problem in our society, this bill will at least do away with this practice in our courts. That is a big step in the right direction.

There are also many myths and stereotypes associated with sexual assault that may lead some judges to believe that the victims were actually consenting. For example, a judge could find an aggressor innocent because that judge does not really understand the concept of consent.

Let us talk about consent. I want to take a moment to do a quick review, since it never hurts to go back over the basics. All members would agree that in any kind of relationship, the partners' intentions must be clear, free and informed. To give consent is to give permission or authorization. It means saying “yes”. In 2016, the Ghomeshi trial, the Bill Cosby case and the #MeToo movement ignited a complicated and wide-ranging debate over the definition of consent.

Although our society is governed by laws, the Criminal Code is far removed from the bedroom. One situation where we see a nuance in the concept of consent is when a person feels obligated to consent. According to Julie Roussin, a clinical psychologist, consent must be viewed as “an informed decision free from coercion or threat”, which is too often the case in a sexual assault. Therefore, the concept of consent can be considered from both a legal perspective and a psychological one.

I would be remiss if I did not mention some of the appalling examples my colleagues have probably already heard. One judge said out loud during a trial that the victim, who was a minor at the time of the assault, had a pretty face and should feel flattered to have attracted the attention of an older man. An Alberta judge was fired after making sexist and racist remarks about indigenous people, battered women and victims of sexual assault. Another judge said that, because nobody had noticed any signs of assault, the girl, who was between the ages of 6 and 12, was not credible. Victims have been discredited for wearing pyjamas without a bra and underwear, for not immediately leaving when a sexual assault began, for not saying no to some of the things the accused did during the assault, and for not reporting the assault immediately.

Consent has nothing to do with the victim's credibility, looks, age, appearance or social condition. That is why I feel it is not only appropriate but necessary for all judges to receive ongoing training about issues related to sexual assault law and social context.

Although we are well into 2020 and nearly 20 years have passed since the Supreme Court's L'Heureux-Dubé decision, we do not seem to be much further ahead when it comes to the biases associated with sexual assault. Researchers from the Institute of Research on Public Policy recently published a series of articles entitled “Improving Canada's Response to Sexualized Violence”, which seeks to shine a light on the gaps that policy-makers, legislators and the courts need to address.

Fortunately, the federal government has recognized the damage that gender-based violence continues to cause in Canadian society and is committed to developing an action plan to combat this problem that affects all spheres of society. Bill C-3 is part of that commitment and I commend it. It is even an improved version of the previous bill. This bill addresses the criticisms made about the previous Bill C-337, namely that by registering for this type of course, lawyers would be announcing their interest in becoming a judge, which would breach their anonymity. Bill C-3 instead asks lawyers to undertake to participate in the course, which makes sense to me.

I understand that the Conservatives voted against the NDP motion to pass the bill and send it directly to the Senate as they believe that the bill should apply to parole officers and members of the Parole Board of Canada in the wake of the murder of Marylène Levesque.

I sit on the Standing Committee on Public Safety and National Security, which began a study of the circumstances of this murder before Parliament was closed and then prorogued.

To refresh everyone's memory, Marylène Levesque is a young, 22-year-old woman who was killed last winter by Eustachio Gallese. This man was on day parole after being incarcerated for about 15 years for the murder of his wife in 2006. Despite his history of violence against women, his parole officers deemed that it was appropriate for Mr. Gallese to go to erotic massage parlours, where he met Marylène Levesque. My colleagues know the rest of the story.

I completely agree that parole officers and members of the Parole Board of Canada should also take mandatory training on the subject. I would go even further and include a broad range of professions. Of course, certain professions do not fall under federal jurisdiction, including police officers and lawyers. However, this kind of training is essential for all professions under federal jurisdiction that are likely to interact with sexual assault victims, such as corrections officers, border services officers and RCMP members.

As the Quebec bar association has pointed out, this bill applies exclusively to federally appointed judges, in other words, those sitting on superior courts, appeal courts, the Federal Court of Canada, the Federal Court of Appeal, as well as the Tax Court of Canada and the Supreme Court of Canada. However, experience shows that the vast majority of criminal offences are handled in provincial courts, so I hope this bill will inspire Quebec, the provinces and the territories to pass their own legislation to make this kind of training mandatory for judges.

I therefore encourage all my colleagues in the Conservative Party and the other parties to introduce legislation regarding similar training for parole officers, members of the Parole Board of Canada and any other professionals deemed relevant.

We have an opportunity to quickly pass Bill C-3, as was almost the case with Bill C-337. I urge all of my parliamentary colleagues to work towards this.

We can always do better, and I hope that our study of this bill will address the call from the Quebec bar to ensure that this bill does not encroach on provincial jurisdictions.

The bar association has also raised concerns that the amendments to the Judges Act and the Criminal Code proposed in this bill could undermine the independence of the judiciary. However, as my colleague from Saint-Jean pointed out last week, judges already receive training on many different topics. Judges receive training throughout their careers, and it makes complete sense that their rulings should be better documented. I sincerely doubt that this training could bring about any biases that would undermine the independence of the judiciary.

As a parliamentarian and as a member of a distinct society, I want to conclude by saying that we must do more to eliminate rape culture. This system of thought that explains, excuses or even encourages rape is everywhere in our society: in our homes, our courts, our children's schools, our workplaces and our streets.

We therefore need to do better and do more. We need to stop trivializing. We need to stop making off-colour jokes about women's bodies. We still hear these sorts of jokes all too often and we encourage them instead of speaking out. Often, without realizing it, we put the responsibility for the assault on the victim and call into question the woman's word. We treat women's bodies as though they were there to service the needs of men. Where then should we start?

I want to quote Pascale Parent, a worker at the Centre d'aide et de lutte contre les agressions à caractère sexuel de Rimouski, who said that we could start “by talking about equality between men and women and also between women, including those with disabilities and indigenous women. Of course, we know that not all men are abusers. Men can decide to fight against this culture and speak out against it with us. They can speak out against sexist jokes and inappropriate behaviour. They can help women who need it and support the women who trust them and tell them about their experiences.”

That would be a good start, just like this bill.

[Kevin Lamoureux, Liberal, Parliamentary 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, in the discussions I have heard, I understand that one province, Prince Edward Island, has looked at what Ottawa is doing and brought in something of a similar nature.

Would the member not agree that when we have the unanimous support of the House to pass legislation of this nature, it sets a very good example for provincial jurisdictions, which could look at it to possibly copy and administer? I am interested in the member's thoughts on the important role that Ottawa can play in ensuring that we have a positive influence on lower courts.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague for his question.

I agree that unanimous decisions set a good example. However, before the bill is unanimously passed, we should ensure that it does not contain any flaws, that it truly expresses the intention of parliamentarians and that it works for the groups concerned.

I mentioned that the Quebec bar association has shared some concerns. We should ensure that we examine the bill carefully before hastily passing it.

Since there was a broad consensus among parliamentarians when the Hon. Rona Ambrose introduced her bill, I think that we can work together to quickly pass the bill that is before us today.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, my colleague does great work and delivered a very good speech about the bill.

The reason we are here today is to hear these kinds of perspectives and understand the needs. It is important for parliamentarians to have the opportunity to discuss the bill all day, to express their ideas and to hear what people from across Canada and Quebec think.

I do not want to interfere in Quebec's jurisdiction, but I do have a question for my colleague. Does she think Quebec should take its cue from what is happening here so that judges at all levels have the same understanding of the reality experienced by women who are victims of sexual assault?

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague from Mégantic—L'Érable for his question.

I agree with him. We need to begin by starting a conversation. That is exactly what we are doing today.

Yes, the provinces and Quebec should draw upon what we are doing.

I think Quebec was ahead of its time when it proposed a special court for sexual assault cases. Members of the National Assembly all worked together in an exemplary fashion. I think Canada's Parliament should take its cue from the work members of the National Assembly did, especially Véronique Hivon, who has taken the lead on this work.

I think it goes both ways. Canada can inspire other countries but can also be inspired by what is happening elsewhere. Clearly, we can do more at every level.