Madam Chair, thank you for this invitation and the opportunity to make a few remarks on Bill C-337.
I am the deputy commissioner for federal judicial affairs and I am now also fulfilling the role of commissioner.
Before commenting on Bill C-337, I would like to speak briefly about the role of the commissioner for federal judicial affairs. Pursuant to the Judges Act, the commissioner acts as the deputy of the Minister of Justice in administering part I of the act, which speaks to the appointment, compensation, and benefits of judges.
The commissioner has other responsibilities, which include, under subsection 74(1)(d), to do other things the minister may require for the proper functioning of the judicial system in Canada. This is where our office is delegated the role of administering the judicial appointments process on behalf of the minister. I would be pleased to explain this in greater detail if there are questions later.
Essentially, our role is to prepare the list of judicial vacancies, oversee the application process, support the 17 judicial advisory committees that assess candidates, and prepare for the minister a list of eligible candidates from which to appoint. Because of the principle of judicial independence, the commissioner and the office are also independent from the Department of Justice.
I would now like to speak to the issue at hand, Bill C-337. Let me first say that, personally speaking, it is completely fair and appropriate, in light of certain cases, that questions be asked about the training of judges in sexual assault law. I certainly understand your interest in the issue and I think the objective of the training is entirely valid and important.
Actually, the issue at stake is finding out the best way to achieve the objective. As part of your discussion on this, we are of the opinion that this deserves some considerations and I would like to highlight two practical points.
The bill, as it currently stands, would have those who wish to become judges complete education in the area of sexual assault law before they are appointed. In the administration of the judicial appointments process, our office receives over 500 applications per year generally. This year we have received 700 applications in less than six months. If education is to be provided before applicants become judges—that is, during the assessment process—and to a large number of candidates, our concern is that it will be more difficult to ensure they are properly educated, and that such training will not be exhaustive enough.
The important priorities of, on the one hand, ensuring an efficient assessment process for candidates, and on the other, ensuring that candidates are properly educated in the area of sexual assault law may come into conflict, and one or both of these priorities may suffer as a result. The effects in essence could be twofold: the assessment of candidates may be delayed, and on the other hand, the education candidates receive on sexual assault law may be less than adequate.
If the objective is to determine the best manner in which to educate judges in the area of sexual assault law, which we agree is very important and worthy, doing so at the assessment stage may not be sufficient. It seems it would be best to provide such education once judges are newly appointed. They can then sit down in a class and take a course—perhaps approved by the Canadian Judicial Council as the responsible body under the law, and designed by NJI and its experts—and that course can be longer.
There's a second point that I would like to very quickly raise. In the Judges Act, the commissioner is mentioned only in part III. The commissioner is never mentioned in sections 1 to 72 of the act. Part III states that he is the “deputy of the Minister”. If the bill is passed as is, however, anyone who's appointed judge should have completed, to the commissioner's satisfaction, a refresher course on sexual assault law. That could create a potential conflict between the commissioner and the Minister of Justice, if the two have different opinions about how that training should be achieved. While in all other cases under the act, the commissioner acts as the deputy of the minister, with the bill, he would have a new responsibility independently from the minister, and as part of an appointment process that is not set out in the legislation. That potential conflict should be avoided.
These are my remarks, Madam Chair.
Thank you very much. I would welcome any questions.