Madam Speaker, it is an honour for me to speak today on this very important topic: the introduction of Bill C-3, which is an act to amend the Criminal Code and the Judges Act.
It is important that the Canadian public have confidence in our criminal justice system; therefore, it is critical that our courts and judges are perceived as being fair, objective and respectful of all parties: the accused, the complainant and all witnesses.
Canada's criminal justice system, as we know it today, builds on many centuries of common-law tradition and statutory law development dating back to the early days of England's history. It is a legal structure built around an adversarial system in which the Crown advances rigorous prosecution and the accused an equally rigorous defence.
The accused always has the benefit of the presumption of innocence and the Crown must prove guilt beyond a reasonable doubt. It is a very high standard of proof that the Crown needs to meet. Under the accepted rules of natural justice, the accused has the right to meet their accuser in court and to subject the accuser's evidence to a rigorous cross-examination, which often involves drawing that person's integrity into question and impugning their credibility.
If after that cross-examination the trier of facts, whether a judge or a jury, determines that the victim's evidence does not meet the beyond-a-reasonable-doubt standard, the presumption of innocence survives right through the trial and the accused goes free. The Crown has to meet this very high standard and sometimes, despite the prosecution's best efforts, guilty people walk free and victims' reputations are left in tatters.
That is a risk associated with the criminal law system. As a society we have determined, rightly or wrongly, that this risk is better than the opposite: that innocent people could be convicted of crimes they did not commit. The result too often is that sexual assault victims are revictimized through the process and that, I submit, is not acceptable.
It is in this context that I want to address the topic of the day, the introduction of Bill C-3. This bill, if approved, would require all federally appointed judges working in our criminal justice system to undergo continuing legal education in the form of sexual assault law and social context education. I agree with that, and I think that we all do after listening to the earlier speeches. It is important that the Canadian public have confidence that our courts and judges are fair, objective and respectful of all parties, including survivors of sexual assault.
For our criminal justice system to succeed in doing what it should do, convicting sexual assault criminals and keeping our streets, cities, workplaces and even our homes safe, victims need to be encouraged to step forward, but they will not if the courts are perceived as unfair, disrespectful and damaging to their dignity and reputation. As it stands, the vast majority of sexual assault cases go unreported because women and girls do not have the confidence that they will be treated fairly. That is not acceptable. That is not justice.
The preamble in the introduction of Bill C-3 states:
...sexual assault proceedings have a profound effect on the reputations and lives of the persons affected and present a high possibility of revictimizing survivors of sexual assault...
Sadly, that is true. What can Parliament do? Bill C-3 is a step in the right direction to rebalance the interests of the accused to a fair trial and of the complainant to respect and dignity.
As a Conservative, I am proud to say that this bill originated in our party under the initiative of our former party leader, Ms. Rona Ambrose. I would like to thank the Hon. Rona Ambrose for her work on this important file. Ms. Ambrose said:
...like me, many Canadians would be surprised to learn that a lawyer does not need any experience in the sensitivities of sexual assault cases to become a judge overseeing these types of challenging trials.
As a lawyer, I have to undergo continuing professional development every year in order to maintain my practice licence. I submit that the same rule should apply to judges, maybe even more so. Judges have such a big impact not only on the lives of those who appear before them, but on all of society. They are influencers of our society, so it is appropriate, I would submit, that judges understand the societal contexts within which they work and within which those who appear before them find themselves.
It has been suggested by some academics that by legislating judges to undergo such training and mandating them to give written reasons for their decisions, Parliament would be interfering with the judicial independence that is fundamental to our justice system. It has also been said that such training, which focuses on the needs of victims, would undermine the right of the accused to a fair trial, and that these rules would cause judges to apply a different standard in sexual assault trials than they would in other types of criminal proceedings, thus running the risk of more wrongful convictions. I disagree with that.
This bill, mandating ongoing continuing professional development for judges, would not take away judicial discretion from judges, nor would it undermine the accused's rights to the presumption of innocence. It would just assure that judges would have a better understanding of the societal context within which they work. Importantly, it would go a long way to ensuring that those victims brave enough to step forward and subject themselves to the rigour and intimidation of a courtroom setting would be treated fairly, and with respect and dignity.
I have confidence that our judiciary, in consultation with stakeholders' groups, would develop an effective and responsible continuing education program for judges, and that judges would respond favourably to that training. We need to make Canada a safer place, where women can enjoy the freedoms that men have. It is about safety, and it also about equality.