Thank you, Madam Chair. I'm pleased to be before you again today.
My comments will be quite brief. I don't mean to repeat what I've already said but wish to remind the committee of some of the points I raised the last time.
First, I'm of the view that it's entirely fair and appropriate that questions be asked regarding judges' education in the area of sexual assault law, in light of recent events, and that the objective in this regard is valid and important.
Nevertheless, the best way to achieve this objective must still be determined. On that note, I think the bill, as it currently exists, poses a problem in two areas. I have therefore raised two practical concerns.
One concern is that the bill creates the potential for a conflict of interest between the minister and the commissioner for federal judicial affairs, because it specifically names the commissioner responsible for the quality of the candidates' training. The rest of the legislation, including when it comes to the administration of the judicial appointment process, indicates that the commissioner acts as the minister's delegate. This issue is more technical and can undoubtedly be resolved more easily.
The other concern is more significant and problematic. Providing training before the candidates are appointed judges poses serious risks, given the number of requests our office receives. The candidate assessment process may slow down and—perhaps even more importantly—the training at this stage may be neither sufficient nor adequate.
One must consider how this would all work out if education in the area of sexual assault law were to be provided to candidates before they were appointed judges. How could this be done without considerably slowing down the assessment of candidates, and if this were not slowed down, would the education provided then even be satisfactory? This is where we have concerns.
In the end, what is most important is that judges be well equipped in this area of the law and that proper and sufficient training be provided. This is best done, in our view, once they are newly appointed, when there are fewer time constraints, when they can be in class, for example, and in the company of qualified experts in this area.
Thank you, Madam Chair.