Madam Speaker, I will be splitting my time with the member for Fredericton.
I appreciate the opportunity to speak to Bill C-3, an act to amend the Judges Act, at report stage, which would mandate, among other things, education for judges on matters related to sexual assault and would require judges to provide a written reason for their ruling in such cases.
It is now the third time the bill has returned to the House in one form or another. It was first introduced in 2017 by the then-interim Conservative leader Rona Ambrose, but it died in the other place when the writs were dropped for the 2019 election. The current Minister of Justice reintroduced the bill with changes that were recommended by the other place in the first session of this Parliament. However, it too died on the Order Paper, when Parliament was prorogued.
In both previous instances and at second reading, the bill received unanimous support from all parties in the House. I believe that for proposed changes like these, no matter how small, to receive unanimous support not once but three separate times in two different Parliaments speaks to their importance and necessity.
We have heard from victims of sexual assault and have come to understand that it is among the most destructive acts that anyone could ever experience, leaving a deep wound in their lives and damaging their confidence, their self-worth and their ability to trust and to experience emotional intimacy. Sexual violence is so destructive to the human person that it is considered a war crime if used as an act of subjugation.
Sexual assault is also a betrayal. In over half of cases, the victims know the perpetrator. It could be a family member, a friend or an authority figure. It is a betrayal of the inherent trust we place in each other to respect and care for one another as human beings. It is a betrayal of the human condition in place of being treated like an object.
We have also heard that individuals do not react to this betrayal in the same way. Some react in anger or pain, fear or denial, perhaps trying to forget the betrayal because the reality is too painful for them to bear, or believe that admitting they are victims would somehow change who they are. For some, admitting that someone they love and trust is capable of such violence is unthinkable, and others continue to live in fear of their abuser, fearing that telling anyone or changing anything might make things worse. Compound this with the knowledge of what they will be up against should they choose to report an assault.
Our justice system has fallen behind our understanding of the impact of these crimes on the lives of the victims and how they react. Instead, it relies on outdated stereotypes that deeply harm women and men who have experienced sexual violence.
As the minister noted in his remarks at the beginning of this debate, there is no room in our courts for harmful myths or stereotypes. We have all heard of the insensitive and grotesque comments by judges during sexual assault cases, including the appalling comment that was the impetus for Ms. Ambrose to introduce this bill. While we have heard these comments, I am convinced that we do not fully understand the devastating impact they have on those who have experienced sexual assault.
As noted by my colleague from South Surrey—White Rock in her intervention, our justice system rightly relies on the legal principle that one is considered innocent until proven guilty, which is an international human right under the UN's Universal Declaration of Human Rights, in article 11. This has proven itself to be the most resilient form of justice in history and has protected citizens from government tyranny through the burden of proof. However, it is that same burden of proof that revictimizes those who have experienced sexual assault. It cannot help but do so.
When victims appear in court, they are forced to relive the worst day of their lives over and over, whether it is in statements to police, in conversations with prosecutors, in courtrooms or in cross-examinations. They watch as someone undertakes to find contradictions or mistakes in their testimony, using any small error, discrepancy or perceived character flaw to convince a jury that the entire story is not credible or, worse, is a slanderous lie.
Through this entire process, they may feel like they are poked and prodded and treated like a piece of evidence. I can only imagine what is weighed and measured as one contemplates filing a report. Is it any wonder that the justice department estimates that only 5% of sexual assaults are reported?
In acknowledging that our justice system is not perfect, we must continue to hold fast to the legal principle of innocent until proven guilty, while at the same time doing everything we can to improve how victims are treated within that system. This is not to say there are no supports for victims already in place. It is quite the opposite.
Police do receive training to help victims as much as possible. Support groups provide assistance in whatever way is necessary, including 24-hour personal availability. Prosecutors learn how to care about the person, not just the case. Does it not then make sense to ensure that those aspiring to be judges have similar training?
If the purpose of the bill to improve the interaction between sexual assault survivors and the judiciary is realized, then it will go a long way in helping to restore their confidence in our justice system.
As I referenced earlier, Bill C-3 would amend the Judges Act to require that anyone eligible to be appointed to be a judge undertake to participate in continuing education on matters related to sexual assault law and social context. It includes a subsection to clarify the establishment and topics of seminars that must be attended.
Finally, Bill C-3 would require judges to provide in writing the reasons for their decisions in sexual assault cases. Victims would no longer be left guessing about the reasons for a particular ruling. This would also go a long way in increasing the trust in our judicial system by shedding light on the decision-making process itself.
Rona Ambrose spoke about the importance of this bill when it was first re-tabled and how it went beyond partisan lines, stating:
Supporting victims of sexual assault and improving our justice system and building confidence in our justice system is one of those issues. From the very beginning, this has been about all the MPs in the House, no matter the stripe, putting partisanship aside.
It is important for Parliament to remain focused and committed to doing just that.
I would like to thank Rona Ambrose for first introducing the bill, the Minister of Justice for reintroducing it and the justice committee for its thoughtful study on its contents.