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

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I congratulate our dear colleague for her outstanding and sensitive speech.

Listening to her speech, I remembered that she is the youngest MP in the House. I found her comments to be very constructive, and I think everyone will agree with me.

I would like to ask my colleague two questions. Does she think that the bill goes far enough? What does she think of how slow the parliamentary process is for passing the bill?

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

Madam Speaker, I thank my colleague for his question. I will try to be brief.

I believe that the bill does not go far enough. As I was saying earlier, this training could be helpful to a broad range of professionals, not just judges. The bill we are discussing today concerns federal court judges, and I believe it is good enough. However, we must ensure that the bill does not interfere in provincial jurisdictions.

I certainly think that the process for passing the bill is too long. That is the case for all bills. Since there is unanimous support for the bill, I hope that we can pass it quickly.

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

Madam Speaker, one in three Canadian women will be a victim of sexual assault in her lifetime. What an awful statistic for women and fathers to contemplate.

I have three children, two daughters and a son. To think or imagine that one of my daughters could one day be a victim of sexual assault, or that maybe she has been already but kept silent, or has been a victim of sexual harassment and kept it to herself, is simply awful. It is awful to think that in our society, one in three women will experience sexual assault in her lifetime.

Sunday is International Day of the Girl. I think many parents will take the opportunity to ask questions. I hope we can take that day to reflect on the fact that one in three girls, one in three women, will be a victim of sexual assault in her lifetime.

Sunday will be a day to think about this issue as a family and to reflect on and discuss it with our children to find out what is going on, to make our boys and girls aware, to show openness in order to encourage people to talk, to try and ensure that nothing gets bottled up and that this is something that can be talked about more openly. Unfortunately, if we do not talk about it and it remains hidden, it will continue, and the statistics will not get any better.

For one in three women to be a victim of assault shows that there is a problem with trust in our society. My colleague from Sarnia—Lambton said it so well yesterday.

“Because of a studied lack of trust in our criminal justice system, many women feel unable to even report the assaults they suffered to the police out of fear they will not be taken seriously. They will continue to suffer re-traumatization, and if their cases do advance, their attackers will not face serious repercussions.”

More than two-thirds of women say they are not confident in the police, the court process, or justice itself. As a result, 83% of sexual assaults go unreported. Of the remaining 17% of cases, one in five just gets dropped. The other four are subjected to intense scrutiny. The victims are caught in the middle of a difficult and stressful process that unfortunately has small chance of success. Of these remaining cases, just one in five will go to court. Just one in 10 cases ends in a conviction resulting in a fine or jail time. That means if we start with 100 cases, that number gradually gets whittled down.

We understand that women are afraid to go to court and that they struggle to trust the criminal justice system. That is exactly what the bill before us is meant to address.

Three versions of this bill have been introduced in the House. It was first introduced as a private member's bill by our former interim opposition leader, Rona Ambrose, as Bill C-337. It was reintroduced as Bill C-5, and it has now been introduced as Bill C-3.

Every chance we get to debate the bill is an opportunity for all parliamentarians to educate Canadians, judges and everyone about the reality that women face in this country.

It is important that we talk about it. It is important to talk about it tomorrow, next week and as often as possible. The culture of secrecy, the fear of speaking up, the fear of being ridiculed and the fear of not being believed are all reasons why women choose not to report their assailants.

This is what we are trying to stop. This is what we are trying to do with Bill C-3. Progress may be slow, but we are taking logical, meaningful action.

Madam Speaker, the government rightly reintroduced the Hon. Rona Ambrose's bill, an act to amend the Judges Act and the Criminal Code, also known as the “just act”. This bill includes the amendments that were passed by the Standing Senate Committee on Legal and Constitutional Affairs before the last election, which delayed the passage of the bill.

What will this bill do if it is passed? As I said, it will help by requiring new judges to take continuing legal education on sexual assault law.

We have been talking about this bill since the beginning of the day, but those who are watching at home may not be aware of its content. They may not know exactly what this bill is about. I will therefore read part of the preamble to give a good overview of the bill.

The preamble states that “survivors of sexual assault in Canada must have faith in the criminal justice system”. It also states that “Parliament recognizes the importance of an independent judiciary”. Parliament does not want to get involved in cases that are before the courts because Parliament's role and duty are to ensure that people can have confidence in the justice system.

The preamble also indicates that “parliamentarians have a responsibility to ensure that Canada’s democratic institutions reflect the values and principles of Canadians and respond to their needs and concerns”. In the past, we have seen too many cases where judges have rendered decisions based on myths or false precepts. That is not what today's society demands of judges. We, as parliamentarians, are the voice of Canadians across the country and we therefore have a duty to remind judges of these new principles. That is what we are doing right now with Bill C-3.

The preamble also says, “...sexual assault proceedings have a profound effect on the reputations and lives of the persons affected and present a high possibility of revictimizing survivors of sexual assault.” Having to go through the judicial process and relive everything that happened, in front of many people, and strangers at that, can deter women from seeking justice.

The preamble also states that “...Parliament recognizes the value and importance of judges participating in continuing education.” With this additional training, our judges will be better equipped to do their jobs, which could result in greater access to justice for women.

The preamble of Bill C-3 also states, “...it is imperative that persons seeking to be appointed to the judiciary undertake to participate in continuing education on matters related to sexual assault law and social context.” That all makes perfect sense.

I was impressed, and actually very touched, by the speech given by my colleague from Calgary Nose Hill, even as we go about proposing changes and trying to improve things. Here is some of what she had to say:

...there is something about this bill that really makes me angry. It is absurd to me that we have to spend time figuring out how to train the men in Canada's systemically misogynistic justice system to be sensitive to sexual assault. In so many ways, it is blindly the wrong approach because it is so paternalistic in its design. ... If men want to be honoured with a judicial appointment, why can the hiring criteria not be what they have done in their career to remove the systemic barriers women face? Why do we have to train the idiots in society, and why could we not just hire the allies?

Those are harsh words, but they are the words of a woman who, like many of our colleagues here and many women I know, has herself gone through all kinds of ordeals. We need to take this seriously. That is the point we are at. I applaud the women who have had the courage to speak up in the House in support of Bill C-3.

Personally, I fully support this bill. I hope that more and more of our colleagues will talk about it and seize every available opportunity to do so because the more we talk about it, the closer we get to a solution.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Transport]

Madam Speaker, the hon. member talks about a trust problem with the justice system, especially women who face sexual assault in the justice system and he is right about that. However, in delaying this legislation further, are we not creating a trust problem in Parliament? Members say we should stop debating and move on. Opposition members say we should not have prorogued and we will say the Conservative Senate held it up and it is back and forth.

Would the hon. member agree that we should put all of that aside and get this legislation passed as soon possible to avoid that trust problem with Parliament and re-establish trust in the judicial system?

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

Madam Speaker, the only problem with trust in this Parliament is the one the current government caused when it prorogued Parliament. We were unable to continue studying the bill as a result.

As I mentioned in my speech, which the hon. member should have listened to carefully, Canadians deserve to hear debate on Bill C-3. We deserve to talk about this. Women in this Parliament deserve their right to speak to express their position. That is how it is. The more we talk about it, the more we will manage to effect change.

We are not the ones playing politics, they are. The members across the way should learn their lesson.

[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, the Prime Minister and the government have made it very clear in terms of their priorities. We introduced the bill back on Friday. It could have actually passed last Friday.

We have seen support. I suspect every member of the House of Commons is going to be voting in favour of this bill, and yet the Conservatives still feel that no matter what, we have to talk out bills. No matter what the bill is, we have to be able to talk it out.

Does the member not feel that there is a time and place to actually allow a bill to pass?

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

Madam Speaker, does the hon. member across the way not think he should leave a bit of time for other MPs to speak?

We are being criticized for wanting to talk about a bill. I would like the member across the way to tell me which speech should not have been delivered. Which speech made by my female colleagues who spoke yesterday and today did he not want to hear?

That is the real question. Who did he want to silence?

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 second time and referred to a committee.

[The Speaker, Anthony Rota]

Resuming debate. The hon. member for Mégantic—L'Érable has two minutes for questions and comments.

The hon. member for Portneuf—Jacques-Cartier has the floor to ask a question.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I listened to the speech by my colleague from Mégantic—L'Érable.

From the beginning of this debate, I have picked up on a strong interest from the Conservatives and the Bloc Québécois in protecting women and bringing in rules to make sure judges have the necessary tools and skills.

I have an 18-year-old daughter. I think we need to make sure we have every tool we can think of to protect women. I listened to what my colleague had to say, and it resonated with me.

Does my colleague for Mégantic—L'Érable interpret the lack of interest from the government and the Liberal Party the same way I do?

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

Mr. Speaker, I have one minute to answer my colleague's question.

It is a very pertinent question. He has a daughter, and I have two daughters. Obviously, when we debate subjects like today's, we want to rise to defend our daughters and wives and improve their quality of life.

I am extremely surprised and disappointed that the Liberal government has silenced all the Liberal women and fathers who wanted to express their views about the bill being debated today. I do not even know how long it has been since a Liberal member spoke on the bill. The bill is extremely important for women and girls, but unfortunately, the Liberal members have been prevented from rising and speaking.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, I am very pleased to rise in the House today to debate Bill C-3.

This is a bill that is obviously getting an enthusiastic response from all those who take the time to read and appreciate it. Why? It is because it was drafted with common sense. Even better, it sends a message to women, especially those who are victims of crime. It tells them that they will be taken seriously and treated with dignity. Above all, it tells them that judges will be well trained.

If the bill is passed unanimously, and it seems that it will, new judges will be required to undergo training on how to handle sexual assault cases.

It is very sad that we have to address this issue, but it is the reality. What we have seen these last years is that sometimes judges do not have the skills necessary to address some difficult issues, such when a woman has been assaulted by other people. That is why the hon. Rona Ambrose tabled this fantastic piece of legislation, not last year, nor two years ago, but in 2017.

On February 25, 2017, the hon. Rona Ambrose, at that time the leader of the official opposition in the House of Commons, tabled that important piece of legislation as a private bill.

The bill introduced in 2017 by the Hon. Rona Ambrose, the then leader of the official opposition, requires judges to receive training so they are properly equipped to rule on sexual assault cases.

Judges will be required to participate in training and to be familiar with the issues surrounding sexual assault from the victim's perspective, in order to fully appreciate the consequences it can have on the lives of young women who are assaulted.

This bill also seeks to ensure that victims are treated with dignity and respect. Judges will be required to provide rulings in writing and make decisions in writing to fully explain the reasons for their final verdict and, above all, to ensure greater transparency.

In addition, the bill requires that an annual report be produced to assess the effects of this policy and to provide a record of rulings made in sexual assault cases.

This is a human piece of legislation. This address has no partisanship. We are not on the right or the left. We are not separatists or federalists. We are no more or less Canadian. We are all Canadian, but first and foremost, we are human beings. When we see that someone has been the victim of a sexual aggression, the least we can hope for is for them to have a fair treatment by our judiciary system.

Unfortunately, some people have a major lack of confidence in the justice system when it comes to sexual assault. Eighty-three percent of sexual assault victims will not report what happened to the police. That is one of the most heartbreaking statistics there is in terms of justice, fairness and respect for human beings.

Anyone who has experienced the horror of a sexual assault will be scarred for life. The very least we can expect and hope for is that the victim will be treated with the dignity all human beings deserve. Unfortunately, that is not always the case. Members will remember the movie Mourir à tue-tête, which was filmed in the late 1970s or early 1980s. It is extremely painful to watch because it tells the sad story of a woman who was the victim of sexual assault and all of the problems that she had to deal with. Some will say that that is how it was in the 1970s and that things have changed since then. Unfortunately, that is not true.

The Hon. Rona Ambrose introduced this bill so that, at that very least, victims would feel safe when it comes time to testify in court. That is the very minimum.

When we think about this, we think about our mothers, our sisters and our daughters. This bill is focused on women, and that is why it is so important. In the last decade we have seen so many women who were afraid to talk about it and who did not have the courage to talk about it. However, it was not their fault. It was because they did not have confidence in the judicial system. This piece of legislation is for those women. It is there to make sure our judicial system can be trusted.

We are very proud to point out that this bill was originally introduced by the Hon. Rona Ambrose in 2017. I had the pleasure of serving in the House for more than three years under the leadership of Ms. Ambrose, who, members will know, had quite an impressive political career.

Ms. Ambrose was elected as member of Parliament for Edmonton—Spruce Grove in the mid-2000s. She immediately put her talents to work for Canadians. I have some notes here to help me remember the main responsibilities she held within successive Harper governments.

Ms. Ambrose started as Minister of the Environment. She then became Minister of Intergovernmental Affairs, Minister of Western Economic Diversification, Minister of Labour, Minister of Public Works and Government Services, and Minister of Health. She led six departments, and no man can top all that Ms. Ambrose managed to achieve during the nine years of Conservative governments, which, as my colleagues would agree, were great and wonderful years for Canada. Canada was lucky to have had Rona Ambrose serving the people of Edmonton—Spruce Grove and leading some major departments within the government.

I had the fortune of working alongside her every day while she was the leader of our party and our parliamentary leader here, in the House of Commons. I have a little anecdote to share. After Ms. Ambrose was chosen by our peers as interim leader of the Conservative Party, I ran into her not far from here, just on the other side of the door at the Confederation Building, where my office was located. I obviously expressed my best wishes and congratulations to her.

I said, “Madam Ambrose, I am very pleased to...”.

She interrupted me and told me to speak to her in French. I then told her that I would speak French from then on. I took my leader's correction very seriously. This shows that this woman from Alberta cared about Canada, in all of its diversity, and about our two official languages, English and French.

It has been a real honour and privilege to serve under the strong, fantastic and very impressive leadership of the Hon. Rona Ambrose when she was our leader and the opposition leader in the House of Commons for almost three years. Ms. Ambrose is still very involved in Canada's future. She is involved in some companies, yes, but she is always involved in seeking the best future for this country.

We are very proud to tell the House that even though she is no longer an MP, the individual who introduced this bill, the Hon. Rona Ambrose, is still working for the good of Canadians, in service of the Canadian government, and is putting all of her talent and experience to work for Canada. All members who wish to do so will have an opportunity to speak to this bill. We are very proud to support such an important bill that will give women a justice system they can trust.

[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, I do believe that Rona Ambrose has done a great service for all Canadians. In fact, when she raised the issue here in Ottawa through her private member's bill, it was not very long before she was able to get virtually unanimous support for the legislation. In terms of its impact, it has already had an impact in least one and possibly a couple of provincial jurisdictions that have looked for action at the provincial level. We see that as a positive thing.

We have now had the bill in different forms. We would like to see it passed. The member is very much aware of the House tactics that might be at play, as am I.

When does the member anticipate that we will be able to see the bill pass? I believe it is a unanimously supported bill. Imagine what it would take when a bill is not unanimously supported, in terms of the opposition coming from the Conservatives.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, the bill is tabled based on the fact that we should respect our institutions and we should give our institutions all the tools necessary. This is why the bill addresses the information provided to judges and would make it an obligation for each and every judge to have information about sexual assault.

The member asks how we could reach an agreement on each and every bill in the House, but our responsibility as parliamentarians is to take a stand for or against a bill. In this situation, yes, we do agree that everybody will support the bill. This is why we want to give the opportunity to each and every member to speak to the bill. This bill is in our hearts so that is why we want each and every member who wants to talk about it to have the chance to do so.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, my hon. colleague's speech was heartfelt and touching.

I was delighted to hear that women are well positioned and are capable of great things. I am acutely aware that many women need to be listened to more when they are in such vulnerable situations.

My question is very simple. How will this bill help increase the confidence of victims who have to go through the whole judicial process?