Debates of Oct. 2nd, 2020

Judges Act

[David Lametti, Liberal, Minister of Justice]

moved that Bill C-3, An Act to amend the Judges Act and the Criminal Code, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to stand in support of Bill C-3, an act to amend the Judges Act and the Criminal Code, which is identical to former Bill C-5.

I am delighted to be reintroducing this important piece of legislation today. I know we in the House are all anxious to see the work that was started by the Hon. Rona Ambrose in 2017 with the introduction of Bill C-337 come to fruition with the quick passage of this bill in this session of Parliament.

Regrettably, Parliament's consideration of Bill C-5 was abruptly interrupted and the study of the justice committee halted by a health crisis that has created unprecedented challenges to all aspects of Canadian society, including our justice system. The pandemic has exposed and exploited underlying conditions that have long plagued our justice system. It brought into stark relief the unacceptable barriers to accessing justice for the most vulnerable in our society. The reintroduction of the bill comes at a time when the need to protect our most vulnerable has never been clearer, nor the importance of ensuring a justice system that treats everyone fairly and with respect more critical.

Bill C-3 is designed to enhance public confidence in our criminal justice system, and in particular the confidence of survivors of sexual assault. It is hard to imagine anyone more vulnerable in the criminal justice system than the women who find the courage to report sexual assault.

The bill will ensure that survivors of sexual assault are treated with dignity and respect by the courts and will give them confidence that the judge in their case will enforce sexual assault laws fairly and accurately, as Parliament intended.

It has never been more critical that all of us who serve the public are equipped with the right tools and understanding to ensure that everyone is treated with the respect and dignity that they deserve, no matter what their background or their experiences. This would enhance the confidence of survivors of sexual assault and the Canadian public, more broadly, in our justice system. There is no room in our courts for harmful myths or stereotypes.

I know that our government's determination to tackle this problem is shared by parliamentarians from across Canada and of all political persuasions. The bill before us today will help ensure that those appointed to a superior court would undertake to participate in continuing education in relation to sexual assault law and social context.

As the Minister of Justice and Attorney General of Canada, I take very seriously my responsibility to uphold judicial independence, a constitutional principle that is a cornerstone of our democracy. Judicial independence means that judges must be free to decide each case on its own merits without interference or influence of any kind from any source. For this reason, judicial independence requires judicial control of judicial education, and I salute the work that is being done by the Canadian Judicial Council as well as the National Judicial Institute in Canada in the training they have already begun to provide. Applying this principle to the current bill means that our government's efforts to ensure judges participate in education on matters related to sexual assault law and social context must not undermine the independence of the judiciary.

In that vein, I would like to describe the key elements of the proposed legislation. Bill C-3, as noted previously, is identical to former Bill C-5 and essentially the same as former private member's bill, Bill C-337. Importantly, the bill includes the amendments to Bill C-337 passed unanimously by the House of Commons to include social context education within the requirements of the bill. This requirement is specifically aimed at providing those who preside over cases with deeper insights and best practices to help them better navigate the social and cultural factors that they will likely come across in their time on the bench.

Bill C-3 also includes the amendments recommended by the Senate Standing Committee on Legal and Constitutional Affairs in its study of Bill C-337.

The first key element of the bill is that it proposes to amend the Judges Act to require candidates for superior court judicial appointments to commit to undertaking training in matters related to sexual assault law and social context. This becomes part of the application process. This commitment will become an eligibility requirement for appointment to a superior court.

It is no easy task to bolster public confidence, in particular the confidence of sexual assault survivors, that our criminal justice system will treat victims with dignity, fairness and respect. This is a particularly acute challenge when there are reports in the media of judges doing exactly the opposite. We hear of highly publicized cases in which judges have relied on stereotypes or myths about how a victim of sexual assault should have behaved and have misapplied the carefully crafted law intended to prevent this.

The undertaking to commit to training is aimed at ensuring that Canada's highly developed law and jurisprudence on sexual assault are appropriately applied in the courtroom. It will also ensure that newly appointed judges receive the education and training necessary to understand and appreciate the social context within which they perform their functions, so that personal or societal biases or myths and stereotypes do not have any bearing on their decisions.

Over the past three decades the criminal law has undergone significant reform to encourage reporting of sexual assaults, to improve the criminal justice system's response to sexualized violence and to counter discriminatory views of survivors that stem from myths and stereotypes about how a true victim is expected to behave. As a result, the Criminal Code prohibits all forms of non-consensual sexual activity, provides a clear definition of consent, identifies when consent cannot be obtained and sets out rules for the admissibility of certain types of evidence to deter the introduction of these harmful myths and stereotypes.

Canada's sexual assault law is robust, but is necessarily complex. It applies to the most intimate of human interactions, so to be effective it must be properly understood and applied. This is why judicial education in this area is so significant and Bill C-3 so important.

The second key element is to require that the Canadian Judicial Council develop this sexual-assault training only after it consults with groups and individuals that it considers appropriate, including sexual assault survivors and the groups that support them. This will give the council the opportunity to gather different perspectives on sexual assault informed by the experiences and knowledge of the community.

Transformative change across the criminal justice system will require a sustained collaborative effort by all actors in the justice system, with the support of stakeholders and civil society. Training is needed not only for judges but for all actors in the justice system. We are working with our provincial and territorial counterparts and justice sector stakeholders toward more comprehensive efforts. However, the pivotal public and determinative role judges play must also be taken into account.

The third key component of the bill will require the Canadian Judicial Council to submit to the justice minister an annual report to be tabled in this Parliament about the training on sexual assault law that has been provided and the number of judges who attended. This requirement is designed to enhance accountability in the training of sitting judges on these matters while still acting as an incentive to encourage their participation.

The final element of the bill would amend the Criminal Code to require judges to provide reasons for decisions under sexual assault provisions of the Criminal Code. This amendment is intended to enhance the transparency of judicial decisions made in sexual assault proceedings by rendering them accessible, either in writing or on the record of the proceedings. I would like to mention that this proposed amendment to require judges to provide reasons in the determination of sexual assault matters specifically is complementary to three existing requirements.

The requirement to provide reasons will be placed in the other sexual assault provisions in the Criminal Code. This will help ensure that all provisions related to sexual offending are clear and accessible to those applying them. This is part of the effort to prevent the misapplication of sexual assault law by helping to ensure that decisions in sexual assault matters are not influenced by myths or stereotypes about sexual assault victims and how they ought to behave. This is consistent with the Supreme Court of Canada's finding that such myths and stereotypes distort the truth-seeking function of the court.

Being a judge comes with great responsibility. I would like to quote the Hon. Justice Charles Gonthier, former justice of the Supreme Court of Canada:

The judge is the pillar of our entire justice system, and of the rights and freedoms which that system is designed to promote and protect. Thus, to the public, judges not only swear by taking their oath to serve the ideals of Justice and Truth on which the rule of law in Canada and the foundations of our democracy are built, but they are asked to embody them....

Justice Gonthier then added the following:

...the personal qualities, conduct and image that a judge projects affect those of the judicial system as a whole and, therefore, the confidence that the public places in it.

Since judges play such a crucial role in upholding democracy and the rule of law, the public rightly expects their conduct to be exemplary. To quote the Canadian Judicial Council:

[1] From the time they are considered for appointment to the Bench, and every day thereafter, superior court judges in Canada are expected to be knowledgeable jurists. They are also expected to demonstrate a number of personal attributes including knowledge of social issues, an awareness of changes in social values, humility, fairness, empathy, tolerance, consideration and respect for others.

[2] In short, Canadians expect their judges to know the law but also to possess empathy and to recognize and question any past personal attitudes and sympathies that might prevent them from acting fairly.

In order for judges to be able to meet these public expectations, it is imperative that they keep abreast of developments in the law and the ever-changing social context in which they carry out their duties. To ensure excellence in judgments, judges must have legal knowledge that is as relevant as it is excellent so that they can make the difficult and life-changing decisions entrusted to them. For this reason, legal education is an essential element of the legislation under consideration.

The bill is carefully tailored to uphold the principle of judicial independence. In particular, it includes the recommendations of the Senate committee for amendments to Bill C-337 that were carefully designed to address the specific concerns raised by representatives of the judiciary.

In that regard, I would like to point out that members of the judiciary appeared before the House committee to call for additional amendments to Bill C-5. It is important to note that a respectful dialogue occurred between representatives of the judicial and legislative branches with regard to Bill C-337 and Bill C-5. I trust that this will also be the case with this bill. The partners in this dialogue all want survivors of sexual assault to have faith in the justice system and to be treated with the respect and dignity they deserve when dealing with that system.

Canada is lucky to have one of the most independent, competent and reputable judiciaries in the world. The Canadian Judicial Council, with the support and co-operation of the National Judicial Institute, is a world leader in training judges. The Canadian judiciary is very committed to ensuring the best training for judges. I commend them for their co-operation in this regard. Finally, Canada is a pioneer in social context education in the justice system.

In its professional development policy, the Canadian Judicial Council recognizes that, in order to be effective, training for judges must include social context education so that court decisions are not influenced by personal or social bias, myths or stereotypes.

Given how important this is, the National Judicial Institute seeks to ensure that all programs cover substantive law, skills development and social context education.

It is important to acknowledge the significant contribution of both the Canadian Judicial Council and the National Judicial Institute to ensuring judges have access to the training they need.

We are blessed with a strong and independent judiciary in Canada. We cannot take this for granted. As parliamentarians, we must ensure that we safeguard and promote it. This bill seeks to balance a legitimate need to enhance public confidence with carefully preserving the judiciary's ability to control judicial education.

The government also allocated significant resources to support this undertaking. The 2017 budget contained $2.7 million over five years for the Canadian Judicial Council and $500,000 per year thereafter to ensure more judges get access to professional development with a greater emphasis on issues related to sex, gender and cultural sensitivity.

Our government is also working with stakeholders to ensure that appropriate training is available to all members of the Canadian judiciary, specifically those not appointed by the federal government.

That said, I hope this bill will prompt everyone in the justice system to take a close look at other measures we can take to bolster the confidence of survivors of sexual assault and the public in our justice system.

Finally, following Ms. Ambrose's introduction of the former Bill C-337, a number of provinces followed suit and did just that. At least one province, Prince Edward Island, enacted similar legislation, and I understand that others are carefully considering policy and legislative responses. I note that other countries have already enacted legislation similar to what is being proposed. It is time for all of our jurisdictions to act.

While we believe that reintroducing Bill C-3 is a crucial step, it is not the only action we can take as a government. We have prioritized supporting victims and survivors of crime by a range of different avenues. These include providing funding to provinces and territories to allow them to develop enhanced programs, to provide free and independent legal advice and, in some cases, representation for survivors of sexual assault. Also included is our government's commitment, as emphasized in the Speech from the Throne, to build on the gender-based violence strategy and work with partners to develop a national action plan.

This bill sends a message to all Canadians, and survivors of sexual assault in particular, that their elected officials are listening, that we care about what happens to their cases, and that we are prepared and committed to take whatever action we can to ensure that our justice system is fair and responsive. It is incumbent on all of us: legislators, judges, prosecutors, police and the public.

Right now, there is considerable enthusiasm across the country for meaningful, sustainable changes to our justice system.

This bill is a small but important step toward achieving that. It gives parliamentarians an opportunity to act on their beliefs and show all Canadians, especially survivors of sexual assault, that their voices matter and that anyone who has the courage to report an assault will be listened to and treated with the dignity and respect every member of our community is entitled to.

I urge all of my parliamentary colleagues to take this step toward a more constructive, resilient justice system that is more responsive to the needs of those it serves.

I call on all of my colleagues to support this important non-partisan bill.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, this is a bill that is important for all women across the country. When Rona Ambrose brought it forth in the 42nd Parliament, she stood alongside all the members in this chamber, as well as all the leaders, to put it through. However, I am very concerned with where we are going next.

By no means does the minister have to respond about this specific court case, but just a few months ago there was a court case on the rights of the person accused when intoxication became an issue. One of the biggest things about this bill, therefore, is to make sure that women and those who have gone through sexual assault have confidence in the legal system, but what about this new idea about intoxication and its use in June of 2020?

What are the minister's feelings about this, and how can we continue to protect survivors of sexual assault?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, I share the hon. member's concern with that judgment, which overturned a part of the Criminal Code. That decision is being appealed. The carriage of that case is by the provincial prosecution service in Ontario. My understanding is that it is under appeal, and I therefore cannot comment on the actual substance of the case.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, Bill C-3 seems extremely important for renewing victims' trust in the justice system. The reporting process is often central and victims have to be able to speak out with confidence.

In the summer, we saw the terrible consequences of the pandemic on women, who have suffered violence and assault. I know that the issue of violence against women is very important to the government and I would like to know how Bill C-3 lines up with the Minister for Women and Gender Equality's plan to develop measures to address that violence.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, I thank my hon. colleague for her question and I share her empathy.

The bill we are talking about today is part of the solution since it will ensure greater empathy for victims of sexual assault. Obviously, in the context of COVID-19, this is only as partial solution. We will work together in the House to address the stress caused by COVID-19 that has given rise to an increase in domestic violence.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I thank the minister for his reintroduction of this bill. I would like to say from the outset that he can count on the support of the New Democratic Party to get this bill to committee. We find ourselves in a strange situation being at the second reading debate of this bill, because the previous version already had two sittings at the Standing Committee on Justice and Human Rights, so we have already had testimony from witnesses. I look forward to that work continuing.

I want to take this rare opportunity that I have to ask the minister a question. Bills, we know, are the product of the demands Canadians have on their Parliament. In fact, they are the product of the social context we operate in, so I want to ask him about systemic racism and the demands of the Black, indigenous and persons of colour community that have come out over the months of 2020. I want to tie this into the TRC call to action number 27, which called for the Federation of Law Societies of Canada to ensure lawyers receive appropriate training in intercultural competency, conflict resolution, human rights and anti-racism.

Does the minister believe there is legislative room to include this in the training for judges?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, I share the hon. member's concern. There are a number of things I would like to outline in response to his question. First of all, the actual question he asks is whether we can, I suppose, expand this bill to include other judicial actors.

It is absolutely necessary that all actors in the judicial system, and indeed other decision-makers at a variety of levels such as federal, provincial, etc., have social context training and have this kind of training in the rules, myths and stereotypes of sexual assault. While I believe it is absolutely critical for all judicial and legal actors to have it, there is a particularity about judges, which is their independence.

This bill is carefully crafted to protect judicial independence and to work with the NJI and the CJC. We can probably be more proactive with respect to other actors, but it would be more appropriate to do that in a separate piece of legislation. I certainly share the member's concern.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, in my capacity as a member of Parliament in Toronto and also as parliamentary secretary, I have heard extensive concerns from people over a number of years about making the courtroom environment more hospitable to people who dare to litigate or bring complaints forward. That concern is accentuated in the context of women who are survivors of sexual assault.

I was wondering if the minister could explain to the chamber the notion of social context in making the courtroom environment more hospitable and sensitized to sexual assault survivors in the context of indigenous women. We know, from the Missing and Murdered Indigenous Women and Girls inquiry, that they are disproportionately encountering and facing sexual violence.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, as always, the parliamentary secretary tends to ask me very hard questions and I hope this time I have a better answer.

Social context is important because it points to a variety of factors that ought to be taken into account in order to understand and empathize with survivors of sexual assault and other cases, and then to reach appropriate judgments. With respect to indigenous peoples, these factors include ethnicity and race, the particularity of the nation and traditions in question and, again, combatting myths and stereotypes. We saw very tragically this week the result of certain myths and stereotypes when an indigenous woman went to a hospital. Therefore, we need to combat those myths and stereotypes.

With respect to indigenous women, there are certain particular myths. We saw that in MMIWG. More comprehensive training in what is called the intersectionality of these factors will help our judges get to better decisions.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, when I first rose to ask the minister a question, it was not going to start with this observation, but when the minister mentioned stereotypes, I think the other phrase for that is systemic racism. That runs throughout Canadian society, and anti-indigenous racism is far more prevalent than most Canadians of settler culture would ever want to admit. However, we just have to look, and it is everywhere.

I wanted to comment on this bill and thank the minister for bringing it forward. It started out, as he referenced, as a private member's bill from the former interim leader of the Conservative Party, who is a friend to many of us who had the honour of serving with her. Rona Ambrose was of enormous assistance to me when I was bringing forward a private member's bill of my own, when she was minister of health, to deal with the terrible tragedy of Lyme disease, which continues to affect far too many people in this country. I wanted to publicly acknowledge again what a fine parliamentarian and wonderful person Rona Ambrose was to work with in this House.

Given the all-party support now, as it got stalled in the Senate for quite a while, and now that we have this government bill before us, what steps can be taken in terms of our procedures? We know we can fast-track things with all-party consent.

Can we not get this passed today?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, on a positive note, I share the respect that the member has for Rona Ambrose, particularly in the context of having first brought forward this bill. I also share the absolute horror of understanding the systemic racism that exists in our justice system. I assure all our colleagues in the House that I will do my very best to combat systemic racism in every aspect of my portfolio as we move forward.

I hope we will have unanimous consent. I would love to move forward immediately. I thank the hon. member for her suggestion. Members of the government will do everything we can to get this through as quickly as possible, and we are open to suggestions.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I will be splitting my time with my colleague, the member for Kelowna—Lake Country.

It is my honour to join in virtually today to speak to Bill C-3—

[The Deputy Speaker, Conservative, Bruce Stanton]

I will interrupt the hon. member momentarily. As the member may know, this being the first round of speeches pertaining to the bill before us, in order to split one's time with another member, the member needs unanimous consent to do so.

I will ask at this point if the hon. member for South Surrey—White Rock has the unanimous consent of the House to split her time.

[Some hon. members]

Agreed.

[The Deputy Speaker, Conservative, Bruce Stanton]

Hearing no dissenting voices, it is agreed.

The hon. member for South Surrey—White Rock.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, my apologies, I was so anxious to get to what I was going to say, I forgot to ask for that permission. I thank all members.

It is certainly my honour to be speaking today on Bill C-3, An Act to amend the Judges Act and the Criminal Code, concerning sexual assault. This legislation has special significance to me as a lawyer, a woman, a proud mother of four, a child survivor of sexual violence myself and, most importantly, a lifelong advocate for victims of crime and sexual assault, including men and women, boys and girls.

Bill C-3, formally known as Bill C-337, was first introduced in the House of Commons in February 2017 by the Hon. Rona Ambrose. It has received a tremendous amount of support from parliamentarians and stakeholders. I would like to take this opportunity to also thank Ms. Ambrose for initially introducing this long-overdue piece of legislation and for her strong advocacy on this vital issue.

Conservatives were proud to support the Judges Act in the last Parliament because we recognize that far too often our justice system fails to respect the experiences of victims of sexual assault. This legislation was part of our election platform in the last election. I am very pleased to see the current government put partisanship aside and adopt the bill in March of this year.

Bill C-3 would ensure that trust is built and maintained in our judicial system, and specifically, that victims of sexual assault are respected by that system when they choose to come forward. We know that only a small fraction, as few as 5% to 10%, of sexual assaults are reported.

Sexually assaulted at age 12, I know that I only told my mother when I was in my 40s. I was a child, I was afraid and I never told authorities. According to a Justice Canada study of survivors, approximately two-thirds of them stated a lack of confidence in the police, the court process and the criminal justice system in general. The process is even more overwhelming for children.

It is of utmost importance that Canada's members of Parliament address head-on this under-reporting and lack of confidence by breaking down the barriers that discourage victims of sexual assault from coming forward.

We must increase transparency in any court's decision through increased judicial training and accountability. This legislation would go a long way to doing just that. Bill C-3 would amend the Judges Act to restrict eligibility of who may be appointed as a judge of the Superior Court, requiring the individual to undertake and participate in continuing education on matters related to sexual assault law and social context, including attending seminars.

This training would help judges navigate the sensitivities commonly at the heart of these cases and allow them to better understand the social context in which the alleged crimes took place. We want to ensure judges are fully equipped with a profound understanding of the law that must be applied to the facts of each case. 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 to provide written reasons for decisions made in sexual assault cases. Together, these requirements would ensure that Superior Court judges have the knowledge and skills necessary to properly handle sexual assault trials, recognize the challenges and trauma often experienced by victims, restore faith and confidence in our judicial system, and treat those victims with the dignity and respect they deserve.

As a family lawyer for many years, I dealt with too many cases where spousal violence against a female partner or spouse, and against children and stepchildren, were factors in separation, divorce and recovery.

As a volunteer board member active in supporting substance abuse recovery, I saw the devastating effects of sexual violence on victims who often dealt with it through self-harm and lives given over to addiction.

As a former member of the Canadian Human Rights Tribunal, I also understand that presiding over sensitive cases is not an easy task. I know our judges from coast to coast put in long hours of hard work to ensure the fairness of the judicial process.

However, the fact remains that on too many occasions, when deciding these cases, judges have improperly relied on or allowed into their courtroom myths and stereotypes about the expected behaviour of a victim of sexual assault and allowed evidence that should have been excluded. This is not okay.

In 2017, the Alberta Court of Appeal ordered a new trial of a 55-year-old Alberta man accused of repeatedly sexually assaulting his adolescent stepdaughter over a period of six years. At trial, even though the judge found the stepfather's evidence unbelievable, the appeal court found he relied on these myths and stereotypes about how a victim of sexual assault should behave. In delivering a finding of not guilty, the trial judge noted he had doubts about the case because the alleged victim had told the police she kind of got along with her stepfather and described their relationship as, “okay I guess.”

In the trial decision the judge stated:

...one would expect that a victim of sexual abuse would demonstrate behaviours consistent with that abuse or at least some change of behaviour such as avoiding the perpetrator;

The Alberta Court of Appeal rightfully disagreed and expressed the following:

This appeal represents an example of how deeply ingrained and seductive these myths and stereotypes can be.

Unfortunately, this is merely one of many examples.

In 2019, the Supreme Court of Canada held that a man who allegedly sexually assaulted and killed Métis woman Cindy Gladue should be retried, after evidence of Ms. Gladue's sexual history was mishandled at trial. Justice Karakatsanis explained that admitting evidence of prior sexual history makes jurors more likely to accept the harmful myth that past sexual behaviour suggests a greater likelihood that the victim consented to the alleged sexual assault, in this case one so brutal that it caused Ms. Gladue to bleed to death in a motel bathroom.

Similarly, in another 2019 Supreme Court case, R. v. Goldfinch, the court found the trial judge had improperly admitted evidence about the complainant's sexual history with the alleged perpetrator, which may have led the jury to decide the case based on the mistaken belief that prior consent means present consent.

All this to say there have been far too many cases in our society where myths and stereotypes have permeated the courtroom and where both judge and jury have been unduly influenced by the expected behaviour of a victim of sexual assault. Misinformation about the experience of victims of sexual assault and abuse has led judges to poor decision-making, resulting in the miscarriage of justice, and has caused unnecessary appeals and retrials.

As legislators, we must understand and appreciate the new and revisited trauma felt by victims throughout the course of these trials. If a trial is handled appropriately, appeals and retrials may be avoided. It is important that we keep myths and stereotypes out of the courtroom. It is essential that the justice system treat victims of sexual assault with dignity and the respect they deserve. It is imperative that the victims of sexual assault have confidence in the judicial system. We must do our part to break down the barriers that have prevented victims from coming forward in the past. This bill, through increased training and accountability, would address each of these issues and would tell victims of sexual assault loud and clear the Canadian government has their backs.

Of course our criminal justice system is built on the proud principle that an accused is innocent until proven guilty. I want to ensure Canadians that this bill, and the training it proposes, will not prejudice the accused; instead, it will ensure that the scales of justice are fair and balanced, at the same time compassionate, and make certain that victims of sexual assault have access to the justice they deserve and their faith restored.

Please join me in keeping faith with sexual assault victims by supporting Bill C-3. Let their voices be fairly heard.

[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]

Mr. Speaker, it pleases my colleagues and me greatly that we are introducing this bill. I suspect if you were to canvass the House there is a very good chance you would see unanimous support for the bill itself, as we all understand and appreciate it. In fact, a former leader of the Conservative Party suggested to the House that we move relatively quickly on legislation such as this.

Would the member opposite not agree there are opportunities for the House to act relatively quickly on legislation and that this is a good example of legislation we should strive to pass in an appropriate amount of time?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I very much support this bill, as I have just stated. I agree that, to the extent possible, we should move forward as quickly as we are able, given our procedures.

It is a very important bill. It sends a very strong message to vulnerable Canadians. I would like to see to it passed.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I am glad to see that it is looking more and more likely that we have unanimous consent to get this bill to committee.

However, while this bill is aiming to amend the Judges Act, I am just wondering about the member's thoughts on other federal actors who have a judicial role. I am thinking of people in the Parole Board of Canada and the Immigration and Refugee Board of Canada, as well as members who serve in our Canada Border Services Agency and in the RCMP.

Does the member have an opinion on whether this kind of training would benefit those actors, and whether there is maybe legislative room to also include those actors so that we do not have this perpetuation of myths and stereotypes?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I agree that this is the kind of training and understanding that should be more widespread. We certainly have to start somewhere, and this bill is an excellent start. As I said in my remarks, it is overdue.

I believe the hon. member has heard members of the Conservative Party speak previously with respect to the Parole Board and other actors in the judicial system. It is very important that this is better understood and that those who are victims are fairly heard, and that they know that they can be heard and respected in what they have to say.

The treatment of these things and the way it is approached is vital.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I would like my colleague to tell us about the training being suggested.

We need to provide judges with not just initial training, but continuing education as well. That would allow justices to enhance their knowledge over time and adapt to different realities. As the issue of sexual assault evolves, so will the law and training.

I would like her to comment on the need to ensure continuing education above all.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, this is such an important part of this bill. It is far too easy to maybe take one little course and then get on about life, and that life in this instance is a judicial life, making decisions every day.

The ongoing aspect is very important, and I think it will improve the quality. It is also a constant reminder that if you are sitting in judgment on these cases, the accused must be fairly treated but the victim must be fairly heard. It is a very important part of access to justice. This is the type of crime that goes across all socio-economic sectors of our society. Anyone involved in the system must know, and have confidence, that the people listening have some understanding of what this is about.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Mr. Speaker, I am glad to be rising today to debate Bill C-3, an act to amend the Judges Act and the Criminal Code, otherwise known as the just act. This an important piece of legislation. A version of it was first introduced in 2017 by former Conservative leader, Rona Ambrose. It was then called Bill C-337, the proposed judicial accountability through sexual assault law training act. I want to thank Ms. Ambrose for her leadership role in championing this bill and its important content over the last few years.

Ms. Ambrose has been a strong voice for women and sexual assault survivors. Bill C-337 received widespread support from stakeholders and from parliamentarians across party lines. Canada's Conservatives were proud to support the just act in a previous Parliament because we recognized that far too often the justice system fails to respect the experiences of victims of sexual assault.

Passing this legislation was also part of the Conservative platform in the last election and was one of the platform points I was glad to see included. I am looking forward to the bill being debated. I will take the next few minutes to speak about this legislation, which will ensure survivors of sexual assault are treated with dignity during the judicial process.

In the end this legislation is about bringing forth trust. The just act would require judges to continue their education on matters related to sexual assault law and social context. Sexual assault survivors need to know that those hearing their cases have the training, background and context to give them a fair trial. To better ensure that sexual assault survivors do not hesitate to come forward, we need a judicial system that they can trust will be fair.

We also need a system which understands the laws of consent. With that considered, it is easy to support the bill. This legislation, if passed, would also require judges to provide reasons for their decisions in sexual assault cases. This is another important step in the right direction that will provide more clarity in the process. Requiring the rationale for these decisions will provide documentation in these cases, including an understanding of the thought process of a judge.

I remember many years ago I took training at the Justice Institute of British Columbia in Vancouver for a regulatory tribunal I was appointed for. The training involved how to articulate in writing the thought processes that brought me to my decision. When I previously heard about this bill, I was surprised that this process did not exist when judges had to provide reasons for their decisions in sexual assault cases.

Having judges be clear on the factors that led to their decision-making and discuss each component of that factor on cases of sexual assault increases transparency, which is important for our courts and for victims. This may lead to more well-thought-out decisions as well. We hear of situations where the justice system fails to respect the experiences of victims of sexual assault. The reality is that presently there are evident gaps in the current process. These gaps have resulted in sexual assault survivors seeing the justice system fail to respect the experiences of victims of sexual assault.

Some sexual assault survivors have said that they have lost faith in the judicial process completely. It was not too long ago that victims, especially women, were blamed for sexual assault. Before laws were put in place improving the process, it was common for judges to factor in things such as the length of a woman's skirt or whether she had had a past relationship with the perpetrator when determining if something was deemed to be criminal.

We may now look back on those days with disbelief that it ever happened, but we are far from having all the tools to ensure our judiciary, which is trained to look at sexual assault cases, is at the best of its ability. In fact, we hear too often the stories of this still happening in 2020, both in Canada and across the world. I am sure many of us have examples of this.

We have heard of victim blaming and of stereotypes. It is wrong and yet somehow it still happens. One story that continues to stick in my memory is when a judge, during court proceedings, asked a victim of sexual assault why she could not just keep her knees together. Comments such this are shocking. They show where there are gaps in the process of training the judiciary when it comes to sexual assault.

According to statistics from Canada's Department of Justice, 83% of sexual assaults were not reported to the police. This means that four in every five sexual assaults that occur are not filed with the police, let alone given a chance to go to trial and potentially lead to a conviction.

This figure is shocking and raises important questions about why the reported four in five victims of sexual assault feel that they cannot report what has happened. Is it because they feel they will be victim-blamed? Is it because they feel they will not be believed? Is it because they feel there may be a lack of evidence? Is it because they feel embarrassed? Maybe it is because they have heard of other cases where sexual assault was not taken seriously. Unfortunately, I know of a woman who chose not to report an incident that happened to her.

In further studies by the Department of Justice on this issue, victims of sexual assault were asked to rate their level of confidence in the police, the court processes and the criminal justice system in general. Few participants stated that they were very confident.

Bill C-3 would make an improvement in this trust factor on the judicial side of this process. Sexual assault victims would be better safeguarded and know that the judge in their case has up-to-date training in sexual assault law and understands the modern context of situations that can arise. This is important. If this bill would even slightly increase the confidence of sexual assault victims to bring come forward and report their situation to the police, then it is common sense that we should pass it.

Other important factors from the Department of Justice that stood out to me are that women between the ages of 15 and 24 have the highest rate of being a victim of sexual assault, and that self-reported sexual assault incidents very often involve an offender who is known to the victim, disproportionately more than other crimes such as physical assaults and robberies.

Young women need to know that the judicial system is fair and that they can trust it, even when it comes to reporting someone who is known to them. What message does it send to a young woman who is a sexual assault survivor who feels the judicial system did not give her a fulsome trial? The criminal justice system must work toward eradicating stereotyping and biases.

When it comes to supporting sexual assault survivors, this House must do all it can to improve the process. We must ensure that those who go through this have a fair and impartial process. Any legislation that would do this is something that should be enacted.

In my constituency, I sat with a woman in a coffee shop while she explained in detail her assault experience. I did not know what to say. The only thing that came out was, “I am so sorry that happened to you.”

My team and I have received emails and calls from those in Kelowna—Lake Country about the just act, as well as about improving the process for sexual assault victims. I have also had many conversations with those in Kelowna and Lake Country on their experiences with the process locally and how they believe it can be improved for sexual assault cases. We know that the Okanagan is not immune to this problem, and the just act comes up as one piece to address this issue.

I am looking forward to Bill C-3 moving to the next stage in the legislative process. This is an important bill for sexual assault survivors. I hope members in this House will support it when it comes to a vote.

[The Deputy Speaker, Conservative, Bruce Stanton]

The hon. member for Kelowna—Lake Country will have five minutes for questions and comments when the House gets back to debate on this question.

Canada Summer Jobs

[Lyne Bessette, Liberal, Brome—Missisquoi, QC]

Mr. Speaker, this summer, Brome—Missisquoi was fortunate to be able to take advantage of the Canada summer jobs program. Our organizations were able to share more than $650,000 in subsidies, which was a boon to our local economy.

This program provided real support to our employers, which were already going through tough times. Many of them would not have been able to hire new employees without this help from our government. In total, 166 young people found a job this summer and obtained rewarding work experience. I would like to congratulate them on the work they accomplished even though we were in the midst of a pandemic.

I would also like to point out the contribution of this program to Camp Garagona in Frelighsburg, a camp for people with intellectual disabilities. Through the Canada summer jobs program, the camp was able to hire five additional counsellors, which really made a difference.

In closing, I would like to sincerely thank all the employers who participated in the program this year. Our government will always be there for our SMEs and organizations in Brome—Missisquoi.