An Act to amend the Judges Act and the Criminal Code

This bill was last introduced in 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 often publishes better independent summaries.

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.

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.

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

December 1st, 2020 / 12:30 p.m.
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Liberal

Gudie Hutchings Liberal Long Range Mountains, NL

Thank you.

Ms. Martin, you'll be delighted to know that we have made changes in the judicial training bill. It was passed unanimously in the House. We call it Bill C-3. It was brought to the floor by the Honourable Rona Ambrose, who did some phenomenal work on this issue. You'll be pleased to know that it's now in the Senate and progressing.

Ms. Martin, you spoke about connectivity, and we all agree that's such an issue. Can you just tell us how important connectivity is in rural communities, especially with women looking to escape violence at home?

November 25th, 2020 / 4 p.m.
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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Thank you very much. That's another very important question, Jack.

Let me simply remind you that earlier this year, we introduced Bill C-3, which actually had attached to it $24 million in additional resources for the CRCC and introduced legislation as well. That legislation also requires, in my opinion, very clear and mandatory timelines for speedy resolution. I am absolutely committed to ensuring that the important function of oversight and accountability for the RCMP, and as well for the CBSA, needs to be strong in legislation and properly funded to ensure that the independent reviewers we task with this important work have the resources, the tools and the authorities they need to do the important job. I think public trust is absolutely contingent upon both that legislation and those investments. We'll be reintroducing strong legislation in that regard.

I can also inform you that I know that the CRCC chair and the RCMP commissioner have been working together to significantly improve those timelines and to address the backlogs that existed. I'm prepared as well, in the interim, until we get this legislation passed, to take additional measures as required to ensure that those timelines are in fact met and that the resources are available to the CRCC to do their important work.

Judges ActGovernment Orders

November 23rd, 2020 / 3:10 p.m.
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Liberal

The Speaker Liberal Anthony Rota

It being 3:10 p.m., pursuant to order made on Wednesday, September 23, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-3.

The House resumed from November 20 consideration of the motion that Bill C-3, An Act to amend the Judges Act and the Criminal Code, be read the third time and passed.

Judges ActGovernment Orders

November 20th, 2020 / 12:45 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, I thank the member for sharing her story. It was so impactful. When a woman can stand in the House of Commons to share her story, we know we are doing our jobs.

One of the concerns I have right now relates to the discussions on COVID delays. This has to do with women as well. With COVID delays, is there a concern that some of these cases may be thrown out? I am not just looking at Bill C-3. What will happen if some people are outside of the normal time frame of 18 months? What does the member think the government can do, and what should we all be doing, to make sure that women find justice?

Judges ActGovernment Orders

November 20th, 2020 / 12:35 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Madam Speaker, it is my pleasure today to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code, at third reading. Bill C-3 should receive all-party support since it is a vital step forward in achieving justice and equity for women and girls who are still too often affected by rape and sexual assault in our society today. It is still very much misunderstood, and it is an affront to all women.

Bill C-3 would amend the Judges Act to require candidates seeking an appointment to a provincial superior court to commit to participating in training related to sexual assault law and social context. This is a critical piece of legislation that is necessary to ensure that judges understand the context in which offending occurs. Thanks to amendments made by the Standing Committee on Justice and Human Rights, candidates must also commit to participate in training on systemic racism and systemic discrimination. This is an idea, and a bill, whose time has come.

The bill would also require the Canadian Judicial Council to ensure that those knowledgeable in the field, potentially including sexual assault survivor organizations, are consulted in the development of this new training.

The bill would also assist in assuring transparency in judicial decision-making by amending the Criminal Code's sexual assault provisions to include a requirement that judges provide reasons for their decisions either in writing or in the record of the proceedings. This requirement complements existing legal requirements for reasons, including specific obligations for judges to provide reasons in sexual history evidence. These amendments are critical to a fair and effective response to sexual assault, which we know disproportionately impacts women and girls.

Canada has come a long way in this regard. We have one of the most robust sexual assault legal frameworks in the world, but we must not forget the misogynistic myths and stereotypes to which Canada's existing legal and, I would say, largely patriarchal regime responds, nor the fact that those very same misogynistic myths and stereotypes persist to this day.

For example, pre-1983, sexual offending laws were repealed and replaced with the affirmative consent model that we now have in place. The previous laws accepted as fact, first of all, that a complainant who fails to resist is in fact consenting and, second, that a complainant who consented to sexual activity with the accused before an alleged sexual assault likely also consented to any subsequent sexual activity. We now know that these are false. They are misogynistic myths and stereotypes that distort the court's ability to seek the truth.

We also now know that they have a detrimental impact on victims who, as I have said, are overwhelmingly women and girls. Their impact is compounded when they intersect with other discriminatory stereotypes. In particular, they deter women and girls from coming forward to denounce their assailants, which means that those assailants cannot be held accountable.

While I was in the legislature in Nova Scotia for 10 years as an MLA, a bill came before us. I rose in the House as the status of women critic to discuss these issues and the fact that too many women and girls were part of the #MeToo movement because we have been sexually assaulted or raped in our lives, if not once, possibly twice. We never know. Sadly, this is a major crime and should be considered a major crime in Canada. We need help to make sure that assailants are taken to task and that this does not continue to happen.

In Nova Scotia, there was a case where a young woman was raped in a taxi and the reason given in court was that she was drunk and, therefore, the judge said even drunk people can consent. She was passed out. I do not think a woman who is passed out in the back of a taxi, expecting to be driven home after she has given her address, should be held accountable for the male driver stopping the taxi and raping her in the back seat.

As a staunch feminist, and as somebody who has been sexually assaulted and raped in her lifetime, I can say that these kinds of laws need to be changed and amended. Otherwise, more women and girls will not be able to come forward, just as I did not 30 years ago.

When a law is misapplied, appeals follow. Perhaps even a new trial will be ordered. This can significantly lengthen the criminal justice process and continue to harm victims.

Victims tell us that their interactions with the criminal justice system are often experienced as revictimization. It is therefore critically important that sexual assault matters be resolved as quickly, efficiently, effectively and compassionately as possible. Otherwise, victims will not want to come forward to denounce their assailants. They will not have confidence in the system that is supposedly there to protect them.

What can we do about this problem? How can we help our criminal justice system function fairly when addressing one of the most complex and, I would say, abhorrent human behaviours, a behaviour that is based on dominance, aggression, violence and power? It is not a sexual act in the sense of what some people may call sexy. It is violence and it is about power. It must be stopped, with zero tolerance.

I believe that all members of the House should support Bill C-3, which would assist in ensuring that judges have the education they need to understand sexual assault law, what misogyny is and systemic racism and to make the right decisions so that the right decision is made in each case. The people who are most impacted by the sexual offending and the social context in which the sexual offending occurs need to have justice and need to believe in our legal system.

With that, I will add that in Cumberland—Colchester we have many incredible feminists who are fighting for justice for women and girls. I would like to mention Linda MacDonald and Jeanne Sarson in particular, who have been very vocal and very active with regard to laws about non-state torture and human trafficking and about our need to crack down on the awful actions of the people who are profiting from human trafficking and sex trafficking. It is our intent to bring Canada into the 21st century so that we have people who understand what feminism is really all about and its importance. It is important to understand where the woman is coming from in these cases.

As an actor, I did a scene where I was being raped at knifepoint. The director and producer, on the spur of the moment, wanted me to show my breasts. They wanted to show a knife cutting into my shirt to show my breasts, and I said I was not going to do that. I was a young actor but I stood up for myself. They said, “Well, what are we going to do, then?” They wanted the scene to be impactful. I said they could just pan up to my face and show how I feel, how the victim feels, instead of trying to titillate an audience with this act of violence and aggression. That is, in fact, what we did.

That is the kind of thinking that Canada needs, and more creative people need as well, so that we can stamp out this awful behaviour.

Judges ActGovernment Orders

November 20th, 2020 / 12:25 p.m.
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Conservative

Jag Sahota Conservative Calgary Skyview, AB

Madam Speaker, I will be splitting my time with the member for Cumberland—Colchester.

I am pleased to rise today to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code. This bill is very important to me as a lawyer, as a woman, but also as the shadow minister for women and gender quality. As such, I am pleased to stand in this place and debate the bill.

However, I am disappointed that because of the Prime Minister's continual lapse in ethical judgment, instead of facing scrutiny for his decisions, he chose to prorogue Parliament and the casualty was having to reintroduce the bill, meaning victims of sexual assaults still cannot get due justice. It is shameful.

Bill C-3 would add new eligibilities for lawyers seeking appointment to the judiciary to require the completion of a recent and comprehensive education in sexual assault law as well as social context education. It would require the Canadian Judicial Council to submit an annual report to Parliament regarding the details on seminars offered on matters relating to sexual assault law and the number of judges attending. It would do this while still maintaining the balance between judiciary independence and a fair criminal justice system, which is very important to me and to all Canadians.

The rational for the need for the bill is all too familiar, given the recent spotlight on the treatment of sexual assault victims during trial. Sadly, this certainly is not something that is new.

Let us explore the current state as it stands now.

There is piecemeal training and education available in certain jurisdictions but it is not mandatory. In 2016, a judge was found to have relied on myths about the expected behaviour of a victim of sexual abuse. That case was overturned on appeal for obvious reasons.

We have heard instances of judges using insensitive language. For example, in 2014, Justice Camp made a comment to a sexual assault victim in my home city of Calgary, asking her why she could not keep her knees closed together. Comments like Justice Camp's are all too familiar and further lead to the stigma that the courts are not there to protect the victims.

In 2019, nearly a dozen cases were going through Canada's court system that shed light on how some judges continued to rely on myths and stereotypes when informing their decisions on sexual assault cases.

We are still hearing similar misinformation about the experience of sexual assault victims or victims of abuse, which can lead to poor decisions and, as we have seen, possible miscarriages of justice sometimes resulting in new trials. Retrials can be incredibly painful for complainants, potentially further revictimizing them as they have to relive the trauma by constantly retelling lawyers and judges their horrific experiences, in some cases, preventing them from being able to mentally heal.

The way victims are treated during their court proceedings as well as in the public eye is a major hindrance to reporting the crime in the first place, particularly if the person who committed the assault is someone in a position of authority or if it is someone they know, such as a father, brother or uncle.

Other victims witness how other sexual assault victims are treated in the justice system and are terrified that if they come forward, they will be treated the same way. It is well-documented that sexual assault cases are one of the most under-reported crimes in Canada. Of reported cases, only 12% result in a criminal conviction within six years compared to 23% of physical assaults, as reported by Statistics Canada.

We know the reasons for under-reporting include shame, guilt and stigma of sexual victimization. Because of this, many victims do not believe they will see a positive outcome in the justice system, which is why they do not come forward. This simply cannot stand.

What can we do? The best way to prevent this type of sentiment is through education and training. The path forward that this legislation sets out would allow for more confidence in the criminal justice system by ensuring lawyers who are appointed to the bench are trained and educated in this very specific type of case.

The hope is that once this bill passed, and with education and training, the future state will be that the stories we once heard of victims being made to feel less than will not be repeated. This legislation is intended to help reduce the stigma of coming forward to report the crime and to see justice prevail for the victims.

The hope is that with education and training, victims of sexual assault will be treated with respect to avoid at all costs revictimizing them, which can be incredibly traumatizing for the individual. This will let other victims know they can be confident in our justice system and feel safe in coming forward.

Ms. Ambrose, as she provided her testimony before the status of women committee, said, “Really, to be honest, for me it's about building confidence. Women do not have confidence in our justice system when it comes to sexual assault law.”

This has to change if we are ever going to see an increase in sexual assault being reported and convicted. This piece of legislation will bring us one step closer to eliminating barriers and giving victims of sexual assault more confidence to come forward.

I hope this bill passes quickly as this will only move us forward as a society and help grow confidence in our justice system.

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 third time and passed.

Judges ActGovernment Orders

November 20th, 2020 / 10:45 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to start by acknowledging that I am speaking today from the traditional territory of WSÁNEC peoples. I raise my hands to them. Hych'ka Siem. All honour to my colleagues gathered here.

I want to specifically thank the hon. member for Parry Sound—Muskoka and the Conservative caucus for organizing this morning's speeches so as to allow me an opportunity to speak to the bill. It highlights what I think will be a theme for what I want to say about Bill C-3in that, right from the beginning, this bill started from a vantage point of non-partisanship. It was generous of the official opposition to grant me a speaking slot this morning as we are coming together to support good legislation.

We, of course, have referenced many times, that the origin of this legislation is entirely non-partisan in that, as we all know, it was put forward by Rona Ambrose. It is an extremely important piece of legislation. She put it forward when she was interim leader of the Conservative Party. It did pass Parliament. As we all know, it got bogged down in the Senate.

To see it come back here now as a Liberal government piece of legislation is extremely heartening. It is important legislation. I want to emphasize a couple of things in today's presentation to let the Canadian public know the ways in which the bill has been improved from when it was first tabled, and improved again in a spirit of non-partisanship.

The essence of the bill, of course, is found in many decisions that enraged citizens of Canada. Men, women and non-binary people looked at this issue and asked, “What on earth?” How can we have judges make pronunciations from the bench, and I have already spoken to this in the House, such as that of the judge who famously asked why the victim did not keep her knees together?

Judges make assumptions against the interests of victims, assumptions that a woman who had been sexually assaulted would not have responded in a certain way, or that she would do the following things. Judges without any training imagine what they might do in similar circumstances, and then they hold that as evidence against the veracity of a victim's claims. These things are what gave rise to this bill.

However, I can say now, and the hon. member for Winnipeg Centre just made this point, that much of what is in this legislation could have been taken from a report that was not yet written when Rona Ambrose presented this bill as a private member's bill. It was not written yet, because the missing and murdered indigenous women and girls inquiry had not been reported.

I would point out to members themes 16, 17 and18, and part 3 of the report of the inquiry into missing and murdered indigenous women and girls, which point to these very factors that judges and the judicial system do not understand and do not recognize. They do not take the sexual assault and high levels of violence against indigenous women seriously. They do not take it seriously, and they do not understand that they need to learn more. That is spoken to in this bill.

At the point the bill came forward, we have been very occupied as a society with questions of violence against racialized people, now the acronym BIPOC for Black, indigenous, people of colour. They are more at risk of violence and more at risk, in disproportionate numbers, of being jailed for crimes.

Again, this is a non-partisan observation, but the bill is improved through the work that was done in committee. Whereas I initially, and I apologize to the people who I took by surprise, thought that we all agreed on this bill and that it should move along a little faster, the time in committee was well spent.

The existence of a Black parliamentary caucus is relatively new, and it was formed as the world responded to the horrors racism and violence by police. That response was crystallized with the murder of George Floyd. There is now a Black parliamentary caucus.

That caucus is multi-party, and it took it upon itself to say that while the bill is to train judges to understand how women experience sexual violence, as well as how evidence should be received and how women are re-traumatized by that experience, could we not also use this training opportunity to broaden what judges learn.

For Canadians watching this, the bill now includes language that the continuing education for judges on matters related to sexual assault and social context now include the specific language “which includes systemic racism and systemic discrimination”. Again, it was a multi-party response and a way to improve the legislation.

I am particularly so proud of the work of the hon. member for Fredericton, who is a member of the Green caucus. Her amendment was accepted. Many Canadians would not know that as a party with fewer than 12 members of Parliament, Green Party MPs are not allowed to sit on committees. However, we do have a process, which is new since Stephen Harper. We can look at this new process as an opportunity, or we can look at it as being compelled to be at clause-by-clause in committee, but it is quite worthwhile when an amendment gets passed.

In this case, for her work, the hon. member for Fredericton is responsible for the amendment in the law, which, in reference to the group of people who advise on the content of the training judges are to receive, now includes the language, “Indigenous leaders and representatives of Indigenous communities”. That is a quote from the legislation with the new amendment thanks to the hon. member for Fredericton.

This legislation shows what we can do when we rise to our best selves, decide that an issue is not partisan, and embrace what my mother raised me to believe, which is that we can accomplish anything we want if we do not care who gets the credit. In this process, credit goes to everyone involved.

I thank again the Hon. Rona Ambrose for bringing this forward. I thank the hon. Minister of Justice and the current government for bringing it back to us as government legislation. I send thanks to everyone who laid a single hand. There are many fingerprints on this legislation, and they are all helpful. They are healing; they are feminist; they are racialized. However, we understand that we must do better.

This legislation is a first step. We must do more to ensure proper services for women who have been victims of sexual violence. For members who are looking for a model for their own community, in Victoria, B.C., the Victoria Sexual Assault Centre and Clinic is an absolute model for how to aid victims of sexual assault and violence. We must do more in our communities, and we must do more as parliamentarians.

I appreciate the time allowed this morning to speak to the bill. I look forward to its passage. I hope it will be unanimous.

Judges ActGovernment Orders

November 20th, 2020 / 10:35 a.m.
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Conservative

Scott Aitchison Conservative Parry Sound—Muskoka, ON

Madam Speaker, I will be sharing my time with the member for Saanich—Gulf Islands.

As I prepared to talk today about Bill C-3, I could not help, like many of us I am sure, to think back to what we had experienced and learned over the course of our lives. I am firmly ensconced in white guy middle age, in old white guy zone.

However, I started out in public life as quite a young guy. I was 21 when I was first elected to Huntsville town council and the Muskoka regional council, and I did not know anything. I was fairly clueless and needed to learn an awful lot. Among the first things I learned about were the needs that existed in my community.

There is a perception of Muskoka as the playground of the rich and the famous and that everything is rainbows and sunshine. However, the reality in a place like Muskoka, and certainly the entire part of my riding, Parry Sound and Muskoka, is that the people who live and work in these communities year-round have a median income about 20% lower than the provincial average. There are struggles, there is a housing crisis and there are a lot of social problems, which I, as a kid, tended to think only existed in places like big cities.

I was in the home of a good friend of mine, Claude Doughty from Huntsville. He was the mayor at that time. He was a dentist in town and left his practice to become a developer, and he has built lots of wonderful things. His wife Kim Doughty is one of the most dynamic women I have ever known. They live in a beautiful home overlooking Fairy Lake, a gorgeous, absolutely stunning place. We were sipping on a Heineken and thinking about how this was all wonderful and we had great things going on in our town.

Claude's wife Kim came home and she was clearly upset. She had a difficult day. I knew she worked with Muskoka victim services. I asked her what had happened that day. She proceeded to tell me some of the most tragic and heart-wrenching stories I had ever heard. What struck me more than anything was that the situations she described, these traumas, these fears, these anxieties that existed, were literally blocks away from this home in the lap of luxury overlooking Fairy Lake.

Claude and I were both quite distraught by what we heard and decided we needed to do something, so we got to work. I immediately spoke with the executive director of Muskoka Women's Advocacy Group, which ran a shelter for women, called Interval House, in Bracebridge. We recognized that we needed to do more for north Muskoka and certainly into the Parry Sound area.

Claude, with his building expertise, donated a piece of land. We started a campaign that consumed the community. We were able to build a six-room shelter and 10-unit transitional housing facility for women escaping violence in their homes. As that project started, I came to know an awful lot more people in the social service industry and business in our area.

One of the other amazing people I met through the process of starting this was a woman by the name of Carolyn Bray. Carolyn was the executive director of the YWCA of Muskoka. People called it the Y without walls. It was not about gyms; it was about programs and supporting women and girls. I learned a lot from Carolyn about the issue of sexual violence and how, yes, they were most certainly victims. However, she recognized the importance of not just supporting women and girls, but helping little boys who may have grown up in a circumstance where they saw domestic violence, saw the way their father treated their mothers and because of their own lack of understanding, fears, anxieties and mental health, modelled the same behaviour when they became intimate partners.

Section 7 of the Charter of Rights and Freedoms says that everyone has the right to life, liberty and security of the person. Security means without care and without anxiety. Sadly, we know not all Canadians experience security.

Sexual assault is the only violent crime in Canada that is not declining, and 67% of Canadians know a woman who has experienced sexual violence. Roughly 6,000 women and children sleep in shelters on any given night in our country. Despite these numbers, only 5% of sexual assaults were reported to police in 2014.

We know it is because of the fear. We have heard people talk about how women are afraid to approach the justice system for fear of being revictimized or reliving the pain of the experience.

I have had the privilege of learning throughout my life and growing up into this role. As shocking as what I heard many years ago in the lovely home of Mr. Doughty, it is dismaying that we are still here talking about these things, that we have not solved these problems.

Bill C-3 is an important next step. It is really a minor next step. We have much more work to do. I am honoured that I have the opportunity to speak in favour of the bill. As a new member of Parliament. who oftentimes sees how dysfunctional this place can be and how it takes forever to get anything done, I am thrilled that everybody gets the importance of the bill, of supporting women and ensuring that all women feel the same security and liberty I feel.

Judges ActGovernment Orders

November 20th, 2020 / 10:35 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I have listened to the speeches throughout the week. There have been very heartfelt stories from all sides of the House. Just as we talk about the stigma associated with mental health, mental illness and mental injury, I cannot help but think Bill C-3 would help break the stigma and allow people to come forward more.

My colleague, the member Brampton North, is the chair of the Standing Committee on Procedure and House Affairs. She gave very impactful testimony about three sisters from my riding, the Pooni sisters, who came forward and gave their testimony about a long-standing issue of abuse.

Could my hon. colleague expand on how the bill would help break the stigma, obviously not everything, and critical barrier for those coming forward?

Judges ActGovernment Orders

November 20th, 2020 / 10:25 a.m.
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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, Bill C-3 is about training judges related to sexual assaults, and is applicable to federally appointed judges.

The member made reference to being proud of his daughter. Yesterday, my daughter, who happens to be an MLA in the province of Manitoba, introduced the province's Bill 215, which is known as the provincial court amendment act. In essence, it does the same thing that Bill C-3 does for federally appointed judges. For us as a society to be able to move further on this issue, we need provincial and territorial legislatures to adopt similar legislation, so as he is proud of his daughter, I too am proud of my daughter.

I would encourage the Manitoba legislature to do what the House of Commons has done, and recognize a good idea that was brought forward by a Conservative interim leader. It will be supported unanimously here. Would the member recommend that the Manitoba legislature do likewise?

Judges ActGovernment Orders

November 20th, 2020 / 10:05 a.m.
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Conservative

Chris Lewis Conservative Essex, ON

Madam Speaker, I appreciate that very much as well and again, our hearts are with you and all the members of Manitoulin.

I have been reflecting on Bill C-3 and what an honour it is to stand in the House in this place. At the same time, I look at it from a different angle and l say why do I have the right to stand in the House and speak to Bill C-3. It is not because I sit on the justice committee. It is not because my office overlooks the Supreme Court of Canada, it is because I was duly elected to come to this place to represent all of my constituents.

I am a bit of a political geek. Along my path of trying to become a politician, I used to go on the various parties' websites and look at each individual MP and always be in absolute awe and dive into what they were doing and saying. Rona Ambrose was one person who resonated with me. For some reason, she really stuck with me and it took until last night for me to really understand why that was. Unfortunately, I have not had an opportunity yet to meet Ms. Ambrose and I hope at some point I do. I would love to talk to her at some point in time and what better platform to use than the House.

She was so far ahead of her time on this legislation. Unfortunately, as we all know, it has been introduced twice. It has failed twice and now it is being introduced for the third time. I believe it will get unanimous consent in the House and I do not want to speak for anyone, but I believe that to be the case. We have to celebrate the groundbreaking achievements that she made with this legislation. I want to thank Ms. Ambrose for her leadership on this legislation and I could never be prouder than to stand here in this place and speak to that.

I have 20 minutes, but I could probably talk for two hours or more.

First and foremost, there are four females in my life who have been incredibly influential to me along the way on my path to where I stand here today, proud and excited to be a Canadian.

First and foremost is my mother. My mother allowed me opportunity. She allowed me the gift of being myself. She allowed me the gift of openness, truthfulness, not being pushed into a corner. She allowed me to smile. She allowed me to make my own decisions without fault and for that I will always be grateful.

The second person I admire, and this is a slippery slope, is my lovely wife Allison. It always goes my mother and then my wife, because my mom is the one who is going to send me a text afterward.

The second one is my wife Allison, coming up on 22 years, a woman who, again, allows me to do what she knows I believe is right, is right for Canada and is right for this world. She gives me the freedom. She gives me the longest dog leash ever to let me come to Ottawa and do what is right, absolutely without any question.

The third woman, who is why I am so passionate about Bill C-3 today, is my daughter Faith. Faith is 17 years old. She is going to graduate, likely with honours, this year from grade 12. Her ambition in life, all she wants to do, is to be a veterinarian. Notwithstanding the fact that it is tougher to get into the school to become a veterinarian in Canada than to become a general practitioner, the very fact is I do not care what she wants to do, but I am awfully proud of her.

Regarding the fourth person, about a year and a half ago when I was running to become a member of Parliament, I went to a school in the town of Essex, in my riding, and I spoke to a grade 5 class. When I got there with my handler, so to speak, we had to go to the principal's office. Who greeted me, other than this amazing young woman?

Her name is Jade. She is about yea tall, and has the most bubbly, energetic, fantastic, positive attitude one could ever imagine. I am telling members that they have never met anybody like this. By the way, I am happy that she is as young as she is, because she could run for my spot and probably beat me. She is just fantastic, and there are no rules with her. Yesterday, because I have not had a chance to talk to Jade as of late, I asked her teacher from last year if we could please set up a Zoom call, and we did. Not only did I get to speak to Jade for about 20 minutes, I also got to speak to the rest of the class.

Why am I saying this? Every day that we wake up we can learn something new, and I have to tell the House that if I did not say this, it would be an injustice to Jade. I asked Jade to tell me something exciting and what she wants to do. I was thinking she wanted to be the Prime Minister of Canada. I did not know what she wanted to do. Members have to understand that this beautiful young lady is just fantastic and full of passion for life. She said she wants to work in a museum.

I said, “In a museum? That is neat. Tell me something that I do not know.”

She said, “I know,” and she had her hand up.

I love it. She said, “I bet you don't know what a pangolin is.”

I said, “A penguin?”

She replied, “A pangolin.”

I said, “I have never heard of a pangolin in my life.”

She said, “Well, it's just an aardvark with a whole bunch of scales on it, and they're really pointy, so nothing can get at it.”

I said, “Wow.”

Her teacher from last year, Mrs. Armstrong, was an enormous role model for that young woman, and I thank Mrs. Armstrong enormously for what she has done. I am telling members that Jade is the reason I stand in the House so proudly, and I know we have to fight going forward.

Why do I bring up these stories? Why do I bring up the women? It is because it is absolutely vital that we protect them. Let us just suggest, for a moment, that my mother, my wife, my daughter or Jade, along that path, had been assaulted. I do not believe any of them have ever been assaulted, but in the event that they had been, how would that have impacted my life? How would it have steered the ship of my life if they had not received due justice? Because of that, I am incredibly proud to stand here and celebrate my mentors. I am sure the members of the House have many mentors as well.

I had a Zoom meeting on October 27 with an amazing woman: Marion Overholt. We discussed the training for judges on sexual assault cases. I am going to read through a few of her points. First and foremost, I was a firefighter for seven and a half years, and we responded to all types of calls, whether a fire or a heart attack, but we responded, at some times, to assault victims, when the ambulance could not get there quickly enough. I remember one very dearly that I will not give details of. I recall it like it was yesterday, but I did not realize the people who were behind this. As a firefighter, I would go and put a fire out and go home to my family, but it continues on. I did not realize that until after this discussion with Ms. Overholt.

She has actually appeared before the justice committee in the past. She has 37 years of practice. She is a community legal aid worker, and works out of the local OPP detachment. She said, “In the past, victims have shied away from pressing charges, because they do not think that they would be believed.” That is an incredibly powerful statement. If those four main ladies in my life did not believe that they would be believed, it would be an absolute injustice.

Ms. Overholt went on to say that sexual assault often happens in private, intimate settings involving no witnesses and often without clear evidence. The narrow focus then becomes about credibility. Often, the victim will not testify but the complainant will, potentially widening the gap.

What does that mean? To me it means this, and I am going to go back to the basics.

Next year, hopefully, I will proudly see my daughter off to university somewhere, be it in Calgary, Guelph or the U.S. if COVID ever gets under control there. I believe that she needs the right, the confidence and the belief that if something happens to her, she can come forward and have a voice and not feel victimized, but will know that the courts and the justice will do their due diligence for her.

Getting back to my meeting on October 27th, Ms. Overholt went on to say that Crown prosecutors don't actually represent the victim. They represent the Crown, whereas the defence lawyer is there for the defendant.

That was an interesting conversation. The next time I am told that I am guilty or that I am a victim, I would certainly think that the Crown would go the other way and reach out to the victim, especially when the victim does not necessarily have a voice.

She went on to say that the burden of proof is high: Guilty beyond a reasonable doubt. Victims often describe the trial as being worse than the assault.

What does that mean? We had some great discussion about this.

It takes so long to get to court. If somebody is victimized tomorrow, blessed that they are not, it can take years to get to court. By the time it gets to court, the healing process of the victim has begun to, I would suggest rudely, at least put a scab on it. The moment that it goes back to the court, the victim has to look the defendant in the eye, listen to the testimony, and the band-aid with the scab comes off, and they have to again live through what they already went through years prior. It is deplorable, and it is wrong.

I will speak quickly about training.

As I mentioned, I was in the fire department, and I trained for CPR, WHMIS and high-angle rescue ropes. In my personal business, I had to train for confined space. There were all kinds of training. This upcoming week, as a member of Parliament, I am taking harassment training. My point is that nobody is above the law, and should not be. If members of Parliament are good enough to do training, surely our judges are fine to do training. Why do I say that? Well, nobody is perfect. I do not really call it “training” so much as “tools in the tool chest.” Let us have an open discussion, and if there is a case in Ontario then let us see what is happening in B.C. If there is a case in B.C., let us see what is happening in Newfoundland, and let those judges integrate and talk about this, because, quite frankly, this is a much larger discussion.

To conclude, I really want to thank Ms. Ambrose for bringing this legislation forward. I will be very proud and honoured to vote in favour of Bill C-3.

Judges ActGovernment Orders

November 20th, 2020 / 10:05 a.m.
See context

Conservative

Chris Lewis Conservative Essex, ON

Madam Speaker, I am rising in this House to speak to Bill C-3, a piece of legislation that is absolutely vital. It is vital not only for today, but for the future on so many fronts.

Before I do that, I would really like to make a huge recognition of a life lost yesterday on Manitoulin Island, of an OPP officer for 28 years in the Little Current dispatch. He responded to a call only to not be able to go home and see his family.

I have first cousins who serve on the OPP. One of them, in fact, ironically, is the captain of the Chris D. Lewis OPP boat in my riding. I get asked a lot if I named that boat. The truth of the matter is that I did not; I am Chris B. Lewis.

We thank Constable Marc Hovingh for his service, not only to Ontario but to Canada.

I got a text from my mother last night. She is in Silver Water with my father. I know I am not speaking to Bill C-3, but this is very important. She sent me a text asking what was going on in Gore Bay. I told her I did not know what she was talking about. This is where our family cottage of 23 years is. To find out when such hurt happens on the largest freshwater island in the world and the smallest community, quite frankly, it is astonishing and it is sad.

My heart goes out to the family of Constable Hovingh and to all the residents of Manitoulin Island. I know he will be dearly missed, and I thank him very much for his service.

I would ask this House to please join me, just for 20 seconds of thought for the constable. This is absolutely astonishing. I will take 20 seconds of my time to remember him.

[A moment of silence observed]

The House resumed from November 16 consideration of the motion that Bill C-3, An Act to amend the Judges Act and the Criminal Code, be read the third time and passed.