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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 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 (2025) An Act to amend the Citizenship Act (2025)
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

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-3 amends the Judges Act and Criminal Code, requiring judges to undergo training on sexual assault law and provide written reasons for related decisions.

Liberal

  • Supports bill C-3 for justice system confidence: Liberals strongly support Bill C-3 to enhance public confidence, especially among sexual assault survivors, in the criminal justice system and ensure fair and respectful treatment.
  • Requires judicial training and reasons: The bill requires superior court candidates to commit to training on sexual assault law and social context, and judges to provide reasons for decisions in these cases.
  • Counters myths and stereotypes: A key goal of the training and reason requirements is to ensure judges avoid relying on harmful myths and stereotypes about survivors when applying sexual assault law.
  • Part of gender-based violence strategy: The bill is part of the government's broader "It's Time" strategy to prevent and address gender-based violence, focusing on responsive legal systems.

Conservative

  • Supports bill C-3: Conservatives strongly support Bill C-3, originally introduced by former MP Rona Ambrose, recognizing the justice system often fails sexual assault victims.
  • Mandatory training and reasons: The bill mandates continuing education for superior court judges on sexual assault law and requires written reasons for decisions to improve handling of sensitive cases.
  • Increase trust for victims: A key goal is to build and maintain trust in the judicial system, ensuring that victims of sexual assault are respected and encouraged to come forward.
  • Criticizes government delays: Conservatives criticize the government for causing delays in passing this crucial bill, highlighting broader concerns about the justice system and government priorities.

NDP

  • Supports bill intent: The NDP supports the intent of Bill C-3 to address the lack of trust in the justice system, particularly among marginalized communities, by requiring training for judges.
  • Send bill to committee: The party wants the bill sent quickly to committee for important witness testimony and debate on the specific wording, building on previous work on similar bills.
  • Addresses limited scope: While supporting the bill, the NDP notes its narrow focus and calls for broader systemic changes, increased supports for complainants, and training for other justice system actors.
  • Need for social context training: Emphasizes that judges need training on social context to avoid being influenced by stereotypes and myths, stressing consultation with marginalized groups.

Bloc

  • Supports bill C-3: The Bloc Québécois supports Bill C-3, which aims to improve the handling of sexual assault cases in the justice system.
  • Addresses judicial bias: The bill requires judges to receive training on sexual assault law and social context to combat decisions based on myths and stereotypes about victims.
  • Calls for quick passage: Members stress the urgency of passing the bill quickly, noting it has failed in previous parliamentary sessions and needs to come into force.
  • Potential for broader impact: The mandatory training for superior court judges, including in areas like family law, may help judges better understand sexual assault issues in various cases.

Green

  • Supports bill C-3: The Green Party unequivocally supports Bill C-3, which requires judges to receive mandatory education on sexual assault law and social context.
  • Addresses judicial bias and myths: The bill is needed because some judges have demonstrated a lack of understanding of sexual assault, making harmful comments based on myths and stereotypes.
  • Systemic issues require more action: While necessary, the bill is insufficient to fix systemic racism and failures in the justice system, especially regarding police investigations of cases involving marginalized and Indigenous women.
Was this summary helpful and accurate?

Judges ActGovernment Orders

October 8th, 2020 / 4:55 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 government has very clearly demonstrated just how important the issue is. Even though we were in the midst of a throne speech debate, we brought it in on Friday. We brought it back yesterday, and here we are debating it for quite a few hours today.

The member says that all members should have the opportunity to debate the bill because that is part of the process, and debate should be encouraged where it can be encouraged. We have literally hundreds of private member's bills and motions that eventually come for debate. There is always a limit of two hours of debate before a bill goes to committee.

Should the same principle of allowing all members to speak on private member's bills apply, so that the member opposite and others would have the same opportunity to voice their passion on so many of those critical issues? Some of them are very important to our society. There are very strong, socially progressive moves in many of those private member's bills, but they are limited to two hours of debate.

Does he believe all members should be afforded the opportunity to have those debates too?

Judges ActGovernment Orders

October 8th, 2020 / 4:55 p.m.

Conservative

John Williamson Conservative New Brunswick Southwest, NB

Madam Speaker, that was a nice try. This is a government bill, and government bills have in the past—

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

I remind hon. members they are not to have conversations back and forth. The question has been asked. The member needs to answer the question, as opposed to the heckling that is going back and forth.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Conservative

John Williamson Conservative New Brunswick Southwest, NB

Madam Speaker, I recognize the parliamentary secretary would like me to agree to that in order to drag out the time for private member's bills. Governments tend not to support private member's legislation because it tends to upend their agenda. Therefore, no. We can recognize the difference with a piece of government legislation.

We are not extending debate. We are not asking for anything unusual here. We just keep hearing this drumbeat from the government side saying, “end it, end it, end it, let's get on with it,” but you have had five years. You have had three years since this bill was introduced. Let us hope that the third time you get it done.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

I would remind the member to address his questions and comments through the Chair.

The hon. member for Shefford.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I thank my colleague for his speech. I also thank him for agreeing at the last minute to say the final words in the debate on Bill C-3.

I think we have covered this issue. We are nearing the end of the debate. Everyone agrees that it is important for judges to receive training in order to fight the stereotypes associated with sexual assault.

I think there are two major grey areas that have not yet been addressed. I would like to tie this in with what the member for Saint-Jean said and what my colleague from Repentigny brought up last year. A woman's body belongs to her and her alone. This is a stereotype that we are trying to eliminate in cases of assault. A woman has the right to do what she wants with her body. That does not mean that she is asking to be assaulted. To take that even further, a woman's body belongs her and her alone. She even has the right to decide whether to carry a pregnancy to term. I would like to hear his opinion on that.

I would also like to hear what he has to say about the massive budget cuts that the Conservatives made to Status of Women Canada in 2015. The Conservatives have repeatedly said that it is important to broaden the debate and give training not only to judges but also to others, such as those in the education system. Thanks to the cuts and the current crisis, there is a risk that the government—

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

Order. I am sorry to interrupt the member, but we are running out of time.

The hon. member for New Brunswick Southwest.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Conservative

John Williamson Conservative New Brunswick Southwest, NB

Madam Speaker, the member did not quite finish asking her question. Since I was not here following the 2015 election, I cannot really comment.

What I can say is that the bill ensures that women who have been raped or abused by men have the opportunity to be heard in court and that they are treated with respect by the judge. We support the bill that is before us today.

I hope that this will be the last word on the subject. As I already said, it is the government's responsibility to move the bill forward in the House.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

Is the House ready for the question?

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Some hon. members

Question.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

Pursuant to order made on Wednesday, September 23, we will not call for the yeas and nays. As a result, if a member of a recognized party present in the House wants to request a recorded vote or request that the motion be passed on division, I invite them to rise and so indicate to the Chair.

The hon. Leader of the Government in the House of Commons.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we would request a recorded vote please.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to order made on Wednesday, September 23 the division stands deferred until Monday, October 19, at the expiry of the time provided for Oral Questions.

Judges ActGovernment Orders

October 8th, 2020 / 5 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I suspect that if you were to canvass the House, you would find unanimous consent to call it 6:30 p.m.

Judges ActGovernment Orders

October 8th, 2020 / 5:05 p.m.

The Assistant Deputy Speaker Carol Hughes

Is that agreed?