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

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, it is a pleasure to rise today to continue the discussion on Bill C-3, an act to amend the Judges Act and the Criminal Code.

I am going to start where the member for Battlefords—Lloydminster left off. She did an excellent job on speaking to the issue. However, the questions that followed from the government were not about the importance of the discussion about sexual violence, sexual harassment or the contents of the bill. They were instead about the throne speech and why the official opposition voted against the throne speech.

It is important to note, first of all, it is not the obligation of Her Majesty's official opposition to support the government. We serve as a check in this place against the balance of power. It is also important to note that we are here today with this bill being reintroduced because the Prime Minister prorogued Parliament. He put covering up corruption in his government ahead of dealing with important legislation like what we are discussing here today.

A version of this bill was first introduced in 2017 by the former Conservative leader, the Hon. Rona Ambrose. It was called Bill C-337 and proposed judicial accountability through sexual assault law training. Going back to 2017, with respect to this bill, I want to start there and thank Ms. Ambrose for her leadership and for raising this important discussion. Over the past few years, she has played an important role in shining a light on this very important issue. She has been a strong voice for survivors of sexual assault. That initial bill received widespread support across party lines and from stakeholders, as does Bill C-3 today.

It is important that we discuss this bill and have that conversation. That is why I asked to speak on this bill. I am a dad. I have four children and one on the way, and two of my kids are little girls. Of course, I worry and wonder and have a lot of hope for the world they are going to grow up in.

The conversations and information around Bill C-3 and the necessity to introduce this legislation make me worried about the world my little girls live in. It makes me worried about the world my wife, my sisters and my mom grew up in, and my friends and colleagues in this House. Some of these women have lived in a world where they faced incredible challenges in dealing with experiences of sexual assault and sexual harassment.

We heard the member for Saint-Laurent talk about living in fear and growing up in fear. That is not the Canada any of us envision. That is not the Canada any of us want to live in. Making this country a better place for all Canadians, and as a dad, making it a better place for my little girls, is incredibly important to me.

It is heartening that we have cross-partisan collaboration in advancing this bill. It is important because we have an obligation, as legislators, to put these good intentions into practice and to enshrine them in law.

This bill has had support across the country before and that speaks to the ongoing need for it. In 2018, the legislature in Prince Edward Island passed a very similar piece of legislation. It was introduced by Conservative MLA Jamie Fox and he did that in consultation with Ms. Ambrose.

In the previous Parliament, Canada's Conservatives were proud to support the just act. In our election platform in 2019, we were pleased to include support for this legislation.

We need to continue to recognize and respect the experiences of victims of sexual assault, and we need to acknowledge that our justice system oftentimes fails them.

Bill C-3 would go part of the way to improve the trust that Canadians have in their judicial system, specifically victims of sexual assault. They need to feel confident, they need to feel safe when they come forward. The last place that a victim should be revictimized, the last place that a victim should feel they will not be believed, is with a judge.

We have all seen headlines about incredibly insensitive, incredibly inappropriate and, frankly, disgusting comments made by some members of the bench in dealing with victims. That word is so important, “victims”. Oftentimes, we hear qualifying language around why they are victims. It is certainly not because they chose to be, but they did take the step to come forward and to put their faith in the rule of law, in the police, in the Crown prosecutors and in the judiciary.

Certainly, the least that we could do for them is ensure that the judge hearing the case understands the basics, understands where this victim is coming from. To achieve that, there needs to be transparency in the courts. Any of the decisions that they make need to have a rationale and they need to be accountable.

This legislation would go a long way to do that. Bill C-3 would amend the Judges Act to restrict eligibility of who may be appointed as a judge of the Superior Court. It would require that individuals undertake and participate in continuing education on matters related to sexual assault law and social context, including attending seminars. This would not just affect the judges who are on the bench. Anyone who wants to be a judge would need to take this training first.

Instead of just members of the bench, anyone who aspires to serve would take the training, promoting understanding and ensuring that more women feel safe, more women come forward. All judges need to be fully equipped with a profound understanding of the law that must be applied to the facts of each one of the cases that they hear.

Bill C-3 would also require the Canadian Judicial Council to gather data and submit an annual report to Parliament on the delivery and participation in sexual assault information seminars established by them.

Finally, Bill C-3 would amend the Criminal Code to require appointed judges, as I said before, to provide those written reasons, increasing transparency and accountability. We have heard from previous speakers about the prevalence of sexual assaults, particularly in women between the ages of 15 and 24, the very low reporting rate, with 83% of them not reported to police at all. The need for this training is evident.

I am proud to stand today in support of this bill. I am hopeful that legislators in this place use it as an opportunity to look at how we can put the needs of victims first, how that can be reflected in sentencing against offenders, and how we can make sure that Canada's laws serve always to protect its most vulnerable, and in this case, in particular, protecting women and girls.

[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, this is a good piece of legislation for many reasons. The amount of debate that has taken place has been mentioned. I believe all members of this House, except for the Conservatives, were prepared to have it pass last Friday, even though the idea for this bill originated with a Conservative leader.

Why is it that the Conservatives want to hold up this legislation? If they wanted to, they could talk it through all the way until December, if that was their intent. Could the member indicate why they want to hold up this very important piece of legislation?

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, it is frankly disappointing to hear those comments from the member. Anyone who spends any amount of time in this place knows that he spends more time here. He is here all the time. I hope he would understand the importance of debate, speaking to the issues and hearing different perspectives.

There are 338 ridings, not just the ones represented by Liberals. There are members from across this country who bring diverse views. During this debate today, I have heard perspectives from members, including that of the member for Saint-Laurent, a member of the Liberal Party, who shared very personal and important details.

Debate is important. Committee study is important, and the work that this place does is important. Parliament is important. That is why we are debating this today, and that is why I am supporting this legislation. I hope, in spite of the opportunity the member has taken to try to score some cheap points, he too will vote for this legislation.

[Maxime Blanchette-Joncas, Bloc, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, I thank my colleague for his speech. We know that the member for Leeds—Grenville—Thousand Islands and Rideau Lakes likes to talk. He did so at the Standing Committee on Access to Information, Privacy and Ethics—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

We cannot understand what you are saying. Too many people are talking across the floor.

I would ask all members, when someone else is speaking, to give that person the respect they deserve.

The hon. member for Rimouski-Neigette—Témiscouata—Les Basques.

[Maxime Blanchette-Joncas, Bloc, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, we know that my colleague likes to talk. I do too, but I also like to take action.

What goes around comes around. As my colleague mentioned, in 2017, Bill C-337, which was introduced by former Conservative member Rona Ambrose, received the unanimous consent of the House. This is practically the same wording, a carbon copy.

I respect that my colleague thinks it is important to debate Bill C-3 today, but it is also important to do something, to take action. It is useless to debate something that we already agreed on. It is a waste of time and taxpayers' money.

I would also like my colleague to explain what he thinks of the Senate, that archaic institution that is a waste of time and is very costly.

It was not the Conservatives that blocked the legislative process in 2017. It was the Conservative members who did not decide to give priority to examining this bill. That is the reason why, in 2020, we have to redebate the same issue on which there was already unanimous consent.

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, I am glad to hear that the member is an admirer of my work. I encourage him to enjoy any of the debates that I have participated and that he has not heard either on ParlVu or in Hansard.

I was not here in 2017, but I am here now. I was elected in 2018 and again in 2019. Since being elected, I have participated in the protection and furtherance of this democratic institution and our democracy. Unanimous consent is not how this place was intended to operate.

The Bloc can opine about the abolition of the Senate. I am not looking to break up the country. I do not think that is the debate we are having today. Today, I am here to talk about the importance of Bill C-3. We are having a conversation about sexual assault, sexual harassment and violence against women and girls. The member opposite can yell into the wind about breaking up the country or abolishing the Senate. Conservatives are here to talk about Bill C-3 today, and I am proud to support that bill.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, because of the intervention I had to make, there is no time left for questions and comments on this piece for this MP.

However, because the hon. member for Shefford has a lot to say, I will give her the floor.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I will be sharing my time with the hon. member for Laurentides—Labelle.

This week, I got to see a comedy called How to Be a Good Wife. The movie made me realize that, not so long ago, women could not wear pants or dress how they liked. I am getting to the point, so please be patient. There is a connection. They were seen as creatures whose marital duty was to submit and be beholden to men. Of course, society has evolved. A woman who wears a short skirt or a low-cut top or who drinks should not be seen as a cheap piece of meat, nor should anyone interpret her attire or actions as signalling that she wants to be raped.

I have worked with women's groups, so it means a lot to me to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code. Everyone seems to agree on this bill.

There are three parts to my speech. First, I will situate the bill in the context of the Standing Committee on the Status of Women. Then I will contextualize it from a uniquely Quebec perspective. I will conclude by explaining why I want to see it passed as soon as possible.

Bill C-337, which amends the Judges Act and the Criminal Code with regard to sexual assault, was introduced in the House of Commons on February 23, 2017, by the Hon. Rona Ambrose. It was studied by the House of Commons Standing Committee on the Status of Women, which, in its report on the bill, recommended amendments to three clauses and the deletion of one clause. The House of Commons passed the bill with the committee's amendments over two years ago on May 15, 2017. Bill C-337 received first reading in the Senate on May 16, 2017, and was referred to the Standing Senate Committee on Legal and Constitutional Affairs on May 31, 2018. Unfortunately, I was not yet a member of the Standing Committee on the Status of Women at that time.

Bill C-337, whose short title is the Judicial Accountability through Sexual Assault Law Training Act, has three central purposes:

First, it adds a new eligibility requirement for lawyers to qualify to become a judge of a superior court in any province, namely, that they must have completed recent and comprehensive education in sexual assault law to the satisfaction of the Commissioner for Federal Judicial Affairs.

Second, it requires the Canadian Judicial Council, or CJC, to submit an annual report to Parliament through the Minister of Justice on the delivery and uptake of sexual assault law seminars established by the CJC.

Third, it requires reasons for decisions in sexual assault cases to be entered in the record of the proceedings or, if the proceedings are not recorded, the reasons must be provided in writing.

Of course, improvements were made to Bill C-337, which is considered to be the forerunner of Bill C-3. However, it is important to remember what was going on in the media when the bill was proposed and what problems it was trying to address.

The legal system's handing of sexual assault cases was often in the news. When she appeared before the the House of Commons Standing Committee on the Status of Women, the Hon. Rona Ambrose explained that she decided to introduce the bill after noting that a disturbing number of sexual assault cases had shaken the public's confidence in our justice system.

She was referring to statements made by judges in sexual assault trials or in their decisions. Some felt that these comments were based on discredited stereotypes about victims of sexual assault. In one case, the judge resigned after the CJC recommended his removal because he made comments or asked questions evidencing an antipathy toward laws designed to protect vulnerable witnesses, promote equality and bring integrity to sexual assault trials.

In a case from 2016, a new trial was ordered on appeal after the judge was found to have used myths about the expected behaviour of sexual assault victims to justify an acquittal. In 2017, another judge was roundly criticized for his insulting language towards a woman who was intoxicated at the time of the alleged sexual assault. “She had a pretty face”. “She should feel flattered for getting attention from an older man”. “What were you wearing?” “You should have just kept your knees together”. “He was just a kid”. “She's forgotten bits and pieces, so her testimony isn't credible”. These are the kinds of comments we have heard, but this is 2020: These comments should not be coming out of the mouths of judges during a sexual assault trial.

Senator Raynell Andreychuk, who sponsored Bill C-337 in the Senate, explained that those cases only add to factors that discourage victims from reporting sexual assault.

She pointed out that Bill C-337 seeks to prevent further court cases from being decided on the basis of stereotypes about sexual assault victims and to restore victims' confidence in the judicial process. I would like to quote from the letter sent by the Standing Committee on the Status of Women in 2017.

Based on the testimony heard during the study of the bill, the Committee encourages the Minister of Justice and Attorney General of Canada to express to her provincial and territorial counterparts the need to make training in sexual assault law and social context more broadly available. Witnesses appearing before the Committee have highlighted the importance of training for all persons who play a role in the administration of criminal justice....

Additionally, the Committee wishes for the Minister of Justice and Attorney General of Canada to strongly encourage provincial and territorial governments to make the transcripts of the proceedings of sexual assault cases for all courts under their jurisdictions available online in a searchable database....

The committee was serious about making this more transparent.

The Committee heard from Professor Elaine Craig, Associate Professor at the Faculty of Law at Dalhousie University, that “it's inarguable that written decisions provide a degree of transparency and public accountability that's not available with oral decisions.” The Committee requests that the Minister of Justice and Attorney General of Canada inform and advise the Committee at the earliest opportunity of the results and outcomes of these discussions with her provincial and territorial counterparts.

The excerpts I just read are from 2017. Already in 2017, the Standing Committee on the Status of Women sent a letter calling on the Minister of Justice to take action. Then there was Bill C-5 and prorogation. Today, we are still here debating it.

I will now talk about Quebec.

In the meantime, an all-party group of women parliamentarians at the National Assembly are addressing the issue of violence against women. I recently asked one of those members how important the current bill is for helping women who are victims of assault and she told me that it was very important.

This is a very important bill. As I have already discussed this issue with some CALACS, I know that women hesitate to come forward because they do not wish to relive painful memories of an assault at a trial that forces them to relive these moments before a judge that lacks compassion or makes derogatory and inappropriate comments in their presence.

Let me be clear. I am not making generalizations or indicating that all judges are insensitive in sexual assault cases. Most already write very good decisions. That is not the case, and I am not making generalizations.

I believe it is high time that the bill be voted on and studied in committee especially in the context of a pandemic that has exacerbated the problem of violence against women.

During the pandemic, I had the opportunity to speak to someone from the Australian consulate about the importance of training for judges with respect to sexual assault. It is a question of dignity for the victims because it is important to have a good understanding of the sensitive issues involved in sexual assault cases. It is important to place them in their social and family contexts.

During the pandemic, I also had several conversations with a survivor from Quebec. She told me that she has received comments on her blog from women who, like her, have had difficult experiences in court. Here are some of the comments: “They cannot judge something they do not understand”. “They do not understand the victim's emotional state as a result of post-traumatic stress”. “Fragmented memory means people cannot clearly remember the order of events. Memories come back in bits and pieces. It is not deliberate. It is how the brain goes into survival mode”. “Judges need to be able to adapt to the victim's state, not vice versa”.

In many cases, these women are still in a state of shock. The courts expect them to maintain their composure, but how can they? It is not realistic to expect them to calmly testify and provide all the details. That is impossible for a victim of sexual assault.

I can only hope that, in the near future, the bill will be passed and brought into force as quickly as possible. We need to forget about partisanship and pass this bill now so we can fight the myths and stereotypes associated with sexual assault, which is far too common.

There are 600,000 sexual assaults in Canada every year. On average, one in two women will be assaulted at least once in her lifetime. That rate is even higher for women with a disability, not to mention the MMIWG issue.

There are far too many assaults happening. Rape culture has no place in 2020. We must act.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I thank the member for her speech.

I would like to ask her a question about the situation in Quebec. Has the government brought in legislation to prevent sexual violence? Does Quebec have tools to train justice system officials?

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I thank my colleague for her question.

Quebec is addressing the issue of education and training for judges on sexual assault cases. Those discussions are under way.

I would like to take a moment to expand on this. The civil courts could be another possible avenue for supporting sexual assault victims. There are other options still on the table.

The two levels of government need to communicate and come to an agreement.

[Rachel Bendayan, Liberal, Parliamentary Secretary to the Minister of Small Business]

Madam Speaker, I am very pleased to hear my Bloc colleague supporting the measures included in this bill. Given that the bill has already been studied in committee, and given the urgency of implementing the measures it proposes, I hope we can count on the support of our Bloc friends to pass this legislation quickly.

Would my colleague like to propose any changes to the bill before us, which we could make right now?

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, what I do know is that the bill can be passed and that it is up to a committee to study the issue of protection with regard to judges. We know that some members of the Quebec bar association have expressed concerns. The bill has evolved.

We just have to ensure that the issue of judicial integrity is studied in committee. I believe that that would be the best place to make recommendations.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls noted that apathy from police services was indicative of ongoing racism and sexism which re-victimizes women and girls.

I think the hon. member mentioned this in passing. My French is not as good as it should be. If that is the case, could she expand on whether she would support extending the proposals in the bill to training and police services?

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, other committees should already be looking into the possibility of expanding the scope of this issue to include other levels of the justice system. I would remind hon. members that the focus of Bill C-3 is training for judges. Other ongoing work will help determine how to expand the scope of this issue with respect to our justice system.