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 / 4:30 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, not having been in committee, not having been part of the deliberations around the bill and contemplating amendments that would be made to it, I rely on my colleagues who were at the table to put thought and due diligence toward any amendments that would be presented to legislation at committee.

I did look at the term “social context”, knowing that was part of the bill. I looked at the definition of it. I have heard today, through others who have made interventions, that “systemic racism” and “systemic discrimination” are terms that were included and that the committee decided to reference both in providing clarity to the term “social context”. I would imagine that if there were issues with it at committee, those issues would have been raised and duly noted.

Judges ActGovernment Orders

November 16th, 2020 / 4:35 p.m.

Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Madam Speaker, I would like to thank the hon. member for her heartfelt remarks and her support for the bill. I hope maybe the member could speak to her thoughts on the impact of the bill being passed, not only on the justice system itself but on those who are victims of sexual assault.

Judges ActGovernment Orders

November 16th, 2020 / 4:35 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I thank my hon. colleague for the opportunity to reiterate that I believe when Ms. Ambrose introduced the bill in the last Parliament, she was responding to issues she saw within our judicial system that needed to be addressed. This bill will go a long way to building confidence and trust in our judiciary and judicial system by victims of sexual assault, knowing that judges have agreed to and have undertaken the kind of education that will help them understand the social context in all the issues when making their rulings in these cases.

Judges ActGovernment Orders

November 16th, 2020 / 4:35 p.m.

Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Madam Speaker, we cannot lose track of the reason the bill was introduced in the first place. Sexual assault is such a horrendous crime and for too long judges and the justice system have not really given it its due. It has made it very difficult for women to come forward when they have been assaulted. If we add systemic racism to that, it makes it even more difficult for many women who are racialized as well. It is about time the bill was passed.

What does the member see as the benefits of the bill for women across Canada once it is passed?

Judges ActGovernment Orders

November 16th, 2020 / 4:35 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I went back and reviewed the speech that was given by the minister when the bill was introduced in the House. I also went back to a couple of speeches made by colleagues on this side of the House. It is my understanding that the bill was designed to enhance public confidence in our criminal justice system, in particular, the confidence of survivors of sexual assault.

I know the minister made the observation that it was hard to imagine anyone more vulnerable in the criminal justice system than the women who found the courage to report sexual assault. It is my hope that not only will they have the courage, but they will be rewarded with a system that is actually responsive to them.

Judges ActGovernment Orders

November 16th, 2020 / 4:35 p.m.

Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I am thankful to once again speak to Bill C-3, an act to amend the Judges Act and the Criminal Code regarding training for judges on sexual assault.

At first reading, we heard amazing speeches from engaged and passionate parliamentarians across party lines. I agree with the parliamentary secretary to the government House leader in his remarks this afternoon that these rounds of debate demonstrate a level of co-operation within our minority Parliament that I too appreciate and would love to see more of.

I would like to use my time today to speak to the opportunity I had to participate in the Standing Committee on Justice and Human Rights in tabling my first amendments as a member of Parliament.

As a member of an unofficial party, the opportunities to get involved in these important matters are both broad and limiting. In a three-person caucus, I hold 10 critic files and monitor 10 committees. As I am a member of an unofficial party, my opportunities to be involved are at the discretion of different members. I am not a regular face on the justice and human rights committee, however, I was welcomed and treated with respect, and I wish to formally thank all members for their hospitality.

I also want to thank my incredible team, especially my parliamentary assistant, for working hard and being committed to promoting rights.

I will also take this moment to celebrate that one of the four amendments I tabled was accepted. I sincerely appreciate the support and feedback I received in this venture. More importantly, I am thrilled at what this amendment means for Canadians, for women and for victims of sexual assault. It is a meaningful step toward reconciliation with indigenous peoples in Canada.

I tabled three other amendments that echoed those put forward by my Liberal and NDP colleagues. I joined in their concern for adequately clarifying social context, as it can and does include a variety of subjects. My team and I listened to organizations and advocates. We considered it essential to understand the intersection of systemic oppression and gender identity, and the dynamic it plays in the perpetuation of sexual violence.

I was alone, however, in addressing the need to include indigenous voices in the development of training seminars and in recognizing the impact of the failures within the justice system on indigenous peoples. My amendment to section 60(3) of the act as detailed in Bill C-3 ensures that indigenous leaders and representatives of indigenous communities will be included in consultations to develop seminars for judges related to sexual assault law.

With this in place, seminars on matters related to sexual assault law will be developed after consultation with indigenous leaders and representatives of indigenous communities. It enshrines indigenous leadership up front, not consultation after the fact, which we have seen time and time again. It embeds meaningful recognition that indigenous women and girls face rates of sexual assault three times higher than non-indigenous Canadians.

We cannot continue to ignore the prevalence of sexual violence and its impacts on indigenous, Métis and Inuit women. I believe that this is essential. This section explicitly mentions the need for involvement of indigenous leaders and representatives in the development of these seminars.

This amendment is consistent with the spirit of the calls to action from the Truth and Reconciliation Commission, and it represents a significant act with respect to the Inquiry into Missing and Murdered Indigenous Women and Girls. I will celebrate this win, but with a commitment to continue to push from all angles for ways to ensure that the dignity and rights of indigenous peoples are upheld in this country.

I received interesting comments about this amendment. They suggested that it was perceived as being too complicated to explicitly highlight indigenous peoples in the bill and that it is a slippery slope to begin to name different groups. I was taken aback by this, especially considering that same week we had debated in the House a bill that would have indigenous peoples recognized in our citizenship oath, distinctly recognized as the first peoples of this land, as a critical step on our path toward reconciliation.

Therefore, I reject the notion of it being a slippery slope to include indigenous leaders and representatives in this amendment. It is never my intention to exclude when highlighting indigenous peoples. It is, rather, the opposite, and it is within the world view that I was taught, which is an inclusion of all life and all peoples, including 2-spirited, Black Canadians and other people of colour.

Additionally, this amendment was never outside the realm of possibility, as its intent was included in the way forward in the RCMP sexual assault review and victim support action plan. This is where the RCMP outlined its commitment to the development of a sexual assault training curriculum, including mandatory education about the history of colonialism and racism in Canada, the role of racism and sexual assault myths and misconceptions.

The plan includes training being developed in consultation with front-line workers, survivors and organizations that reflect a diversity of backgrounds, including Black and indigenous women and girls, trans people and non-binary people. I would go even further to suggest that, if we include indigenous leadership and representatives at all levels of government and in all sectors in Canada, we will all be the better for it.

I wish to end tonight by sending my condolences, love and prayers to the family of Chantel Moore. They are dealing with yet another immeasurable loss while awaiting the report from the inquest into her death. We cannot take these issues lightly. We cannot ignore that, as conversations about consent and violence against women have evolved generationally, so too have conversations around systemic racism.

As we empower today's bench with the education they need to assess questions of consent and rape, so too must we empower them with an understanding of systemic racism and the way those issues intersect. By passing Bill C-3, we tell the women of Canada, including indigenous women, that they matter, that we believe them and that we will do everything within our power to ensure justice for crimes against them. No longer will a biased judgment from an uneducated judge prevent this from happening.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Bloc

Mario Simard Bloc Jonquière, QC

Madam Speaker, I listened carefully to my colleague's speech.

I think all parties in the House agree that this bill should move forward. I know that in Quebec, there have been some all-party discussions on a special court for sexual offences, an idea proposed by Véronique Hivon. What does my colleague think of this idea?

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I thank my colleague for his important question.

I think that is an excellent idea, and I think it works very well for Quebeckers. I would be very interested to see that in other jurisdictions as well. Perhaps we could draw a little from Quebec's lead and use this model in other places.

However, for now, Bill C-3 and what we are working on today in Parliament is something to be very proud of as Canadians. Certainly, there is more work to be done. I do not think there is anything bad in further investigations into these kinds of issues.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Madam Speaker, I agree wholeheartedly with my hon. colleague and her incredible speech. I want to thank her for bringing this issue forward and including it in this important bill.

Are we not getting tired of trying to explain to people what systemic racism is? People should just accept the fact that it is there, that sometimes it is unconscious and that is why it is systemic. We now need to move forward and accept that racism does in fact exist and it is systemic.

When it comes to women, that systemic racism adds another layer of trouble to get through and make our voices heard, to have the justice and dignity we deserve. What are my hon. colleague's thoughts?

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I thank the hon. member for her kind words. I know that we both care deeply about these issues.

Absolutely, I am frustrated with having to define what systemic racism is for individuals who refuse to accept it. I see this on social media any time we put something out about this kind of issue. People will say that this is an American issue, that it is not happening in Canada, and that we should stop bringing it up because it is making it an issue.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

That is racist.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Green

Jenica Atwin Green Fredericton, NB

Exactly. We have a responsibility not only to acknowledge it, but also to do something about it. To get bogged down in a debate about whether it exists or not is just ridiculous. It is a waste of our time.

I am thankful that we are seeing more and more people coming out to acknowledge and understand what it is, but the work is still there for the actions to eradicate it. Once again, I thank the member for drawing attention to that.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Green

Paul Manly Green Nanaimo—Ladysmith, BC

Madam Speaker, I would like to congratulate the hon. member for Fredericton for her speech. I would also like to thank her for her tireless advocacy on these issues of systemic discrimination, for seeing it for what it is and for understanding it. Cultural safety and cultural competency are things that all professionals need to learn in every profession, and I think that the amendments that the hon. member has put forward to this bill are valuable. I am pleased to see that the committee has supported them and they have been included in the bill.

I do not have a question in particular. I just wanted to thank the hon. member for her work. If she would like to comment further on any ideas she may have on how we can better train all professionals in this country to understand systemic racism, I would appreciate that.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, before I came to the House of Commons my work was in education. I worked in anti-racism education and in indigenising curriculums in our public spaces and in our schools. That work will continue. I am so honoured to have the opportunity to do it from this vantage point, but this is a commitment that I made a long time ago. I do believe that education is the key to eradicating systemic racism in our communities, and we all need to call out the overt racism that we are seeing, so there are many layers to this, but it takes all of us.

Judges ActGovernment Orders

November 16th, 2020 / 4:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Renfrew—Nipissing—Pembroke, Canada Revenue Agency; the hon. member for Cypress Hills—Grasslands, Public Services and Procurement; the hon. member for Bellechasse—Les Etchemins—Lévis, Infrastructure.