Madam Speaker, I will be splitting my time with the member for Cumberland—Colchester.
I am pleased to rise today to speak to Bill C-3, an act to amend the Judges Act and the Criminal Code. This bill is very important to me as a lawyer, as a woman, but also as the shadow minister for women and gender quality. As such, I am pleased to stand in this place and debate the bill.
However, I am disappointed that because of the Prime Minister's continual lapse in ethical judgment, instead of facing scrutiny for his decisions, he chose to prorogue Parliament and the casualty was having to reintroduce the bill, meaning victims of sexual assaults still cannot get due justice. It is shameful.
Bill C-3 would add new eligibilities for lawyers seeking appointment to the judiciary to require the completion of a recent and comprehensive education in sexual assault law as well as social context education. It would require the Canadian Judicial Council to submit an annual report to Parliament regarding the details on seminars offered on matters relating to sexual assault law and the number of judges attending. It would do this while still maintaining the balance between judiciary independence and a fair criminal justice system, which is very important to me and to all Canadians.
The rationale for the need for the bill is all too familiar, given the recent spotlight on the treatment of sexual assault victims during trial. Sadly, this certainly is not something that is new.
Let us explore the current state as it stands now.
There is piecemeal training and education available in certain jurisdictions but it is not mandatory. In 2016, a judge was found to have relied on myths about the expected behaviour of a victim of sexual abuse. That case was overturned on appeal for obvious reasons.
We have heard instances of judges using insensitive language. For example, in 2014, Justice Camp made a comment to a sexual assault victim in my home city of Calgary, asking her why she could not keep her knees closed together. Comments like Justice Camp's are all too familiar and further lead to the stigma that the courts are not there to protect the victims.
In 2019, nearly a dozen cases were going through Canada's court system that shed light on how some judges continued to rely on myths and stereotypes when informing their decisions on sexual assault cases.
We are still hearing similar misinformation about the experience of sexual assault victims or victims of abuse, which can lead to poor decisions and, as we have seen, possible miscarriages of justice sometimes resulting in new trials. Retrials can be incredibly painful for complainants, potentially further revictimizing them as they have to relive the trauma by constantly retelling lawyers and judges their horrific experiences, in some cases, preventing them from being able to mentally heal.
The way victims are treated during their court proceedings as well as in the public eye is a major hindrance to reporting the crime in the first place, particularly if the person who committed the assault is someone in a position of authority or if it is someone they know, such as a father, brother or uncle.
Other victims witness how other sexual assault victims are treated in the justice system and are terrified that if they come forward, they will be treated the same way. It is well documented that sexual assault cases are one of the most under-reported crimes in Canada. Of reported cases, only 12% result in a criminal conviction within six years compared to 23% of physical assaults, as reported by Statistics Canada.
We know the reasons for under-reporting include shame, guilt and stigma of sexual victimization. Because of this, many victims do not believe they will see a positive outcome in the justice system, which is why they do not come forward. This simply cannot stand.
What can we do? The best way to prevent this type of sentiment is through education and training. The path forward that this legislation sets out would allow for more confidence in the criminal justice system by ensuring lawyers who are appointed to the bench are trained and educated in this very specific type of case.
The hope is that once this bill passed, and with education and training, the future state will be that the stories we once heard of victims being made to feel less than will not be repeated. This legislation is intended to help reduce the stigma of coming forward to report the crime and to see justice prevail for the victims.
The hope is that with education and training, victims of sexual assault will be treated with respect to avoid at all costs revictimizing them, which can be incredibly traumatizing for the individual. This will let other victims know they can be confident in our justice system and feel safe in coming forward.
Ms. Ambrose, as she provided her testimony before the status of women committee, said, “Really, to be honest, for me it's about building confidence. Women do not have confidence in our justice system when it comes to sexual assault law.”
This has to change if we are ever going to see an increase in sexual assault being reported and convicted. This piece of legislation will bring us one step closer to eliminating barriers and giving victims of sexual assault more confidence to come forward.
I hope this bill passes quickly as this will only move us forward as a society and help grow confidence in our justice system.