House of Commons Hansard #19 of the 43rd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was assault.

Topics

Response by Natural Resources Minister to Order Paper QuestionPrivilegeRoutine Proceedings

3:45 p.m.

Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Mr. Speaker, I rise on a question of privilege regarding a deliberately misleading statement presented to the House by the Minister of Natural Resources.

I asked the minister, on December 5, 2019, if his department had granted any contracts to the Pembina Institute since January 1, 2017. This request was made through written Question No. 50.

The minister's answer was:

Natural Resources Canada, Atomic Energy of Canada Limited, the Canadian Nuclear Safety Commission, the Canada Energy Regulator, and the Northern Pipeline Agency have not granted any contracts to the Pembina Institute since January 1, 2017.

If you look on line, Mr. Speaker, at the government's proactive disclosure report available through the open government portal, it lists eight contracts, all awarded by the Department of Natural Resources, and all awarded to the Pembina Institute since January 1, 2017.

I am sure you are aware, Mr. Speaker, of the ruling of Speaker Jerome on December 6, 1978. Speaker Jerome found a prima facie question of privilege after the member for Northumberland—Durham was assured by the solicitor general that as a matter of policy, the RCMP did not intercept the private mail of anyone.

In testimony before the McDonald commission, the former commissioner of the RCMP stated that they did indeed intercept mail on a very restricted basis and that the practice was not one which had been concealed from ministers. The member claimed that this statement clearly conflicted with the information he had received from the then solicitor general some years earlier.

The response by the Minister of Natural Resources to my written question claimed that no contracts had been granted to the Pembina Institute since January 1, 2017. That same minister then provided conflicting information online, as I stated earlier.

Another example of a prima facie case involving conflicting information provided by a minister can be found at pages 8581-2 of the Debates of February 1, 2002. The Speaker was concerned that despite the fact that the minister of national defence stated that he had no intention of misleading the House, contradictory statements were made by the minister and the records were left with two different versions of events.

On March 9, 2011, the Speaker considered a matter where it was alleged that the minister of international cooperation made misleading statements in committee and the House. The Speaker noted that a standing committee had made material available that could be measured against other material, including statements in the House, and answers to oral and written questions. He said that the statements made by the minister had, at the very least, caused confusion. He then decided to allow the member to propose his motion to the House referring to recent precedent and mindful of a ruling by Speaker Jerome to the effect that in case of doubt on a question, the Speaker should leave it to the House to decide.

I point out that this is not a simple matter of the government just deciding not to give an answer to a written question, but a matter of a minister deciding to deliberately deny an answer by providing the wrong answer to the House while at the same time exposing this deception by providing the real answer elsewhere.

On December 16, 1980, at page 5797 of Hansard, the Speaker ruled:

While it is correct to say that the government is not required by our rules to answer written or oral questions, it would be bold to suggest that no circumstances could ever exist for a prima facie question of privilege to be made where there was a deliberate attempt to deny answers to an hon. member....

Before I conclude my remarks, I want to touch on the question of privilege raised by the member for Timmins—James Bay yesterday, because it is relevant to my question of privilege. The member argued that the information he received from the Minister of Justice regarding the legal costs of fighting indigenous children at the Human Rights Tribunal was misleading and that the minister should be held in contempt of the House.

The member brought to the attention of the Speaker other information provided by the minister to another source that was significantly different from the answer he received through his written question.

The member also asked the Speaker to apply the test used by Speakers laid out on page 85 of House of Commons Procedure and Practice, which clearly states:

...when it is alleged that a Member is in contempt for deliberately misleading the House: one, it must be proven that the statement was misleading; two, it must be established that the Member making the statement knew at the time that the statement was incorrect; and three, that in making the statement, the Member intended to mislead the House....

I want to go on record as supporting the hon. member's question of privilege and let him know that I share his frustration with a government that consistently displays a dismissive attitude toward Parliament and its members, a course that ought to be corrected in the early days of this Parliament. One way to do that is to allow this matter to be considered by the members of the House.

I ask you, Mr. Speaker, to measure the content of the answer given by the Minister of Natural Resources to my written question against the information the same minister provided in his proactive report. If this gives you any doubt or causes you confusion, then I urge you to leave it to the House to decide, as Speakers Milliken, Jerome and many others have done in the past under these circumstances.

When you are ready to allow this matter to be put to the House, Mr. Speaker, I will be prepared to move the appropriate motion.

Response by Natural Resources Minister to Order Paper QuestionPrivilegeRoutine Proceedings

3:50 p.m.

Liberal

The Speaker Liberal Anthony Rota

I thank the hon. member. I will take that under advisement and return to the House should we see fit.

Judges ActGovernment Orders

3:50 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

moved that Bill C-5, An Act to amend the Judges Act and the Criminal Code, be read the second time and referred to a committee.

Judges ActGovernment Orders

3:50 p.m.

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to speak this afternoon in support of Bill C-5, an act to amend the Judges Act and the Criminal Code of Canada. The bill is premised on the conviction that when survivors of sexual assault appear before our courts, they have the right to be treated with dignity and respect and to be assured that the law of sexual assault is being faithfully applied. There is no room for court decisions to be tainted by harmful myths and stereotypes of how survivors of sexual assault ought to behave. The determination to tackle this problem is deeply held by this government. However, I know it is also shared by parliamentarians from all regions of the country and all political stripes.

For far too long, victims of sexual assault have had to deal with a justice system that does not treat them with the dignity they deserve.

Many victims of sexual assault decide not to file a complaint because they are afraid of being mistreated and humiliated. That is why most sexual assaults committed in Canada are not reported to the police.

This is not an issue that is easy to resolve. Parliament alone cannot do it. Improving the way the justice system treats victims of sexual assault requires the mobilization of all levels of government and many stakeholders for broad action. In addition, all members of Canadian society have a shared responsibility to challenge and counter the myths, stereotypes and attitudes that have a pernicious effect on our justice system.

In this regard, education and information play a critical role. I applaud the extraordinary work that many organizations and individuals right around Canada are doing tirelessly to this end. However, Parliament has its own responsibilities. As parliamentarians, we can and we must take action. Canadians need to know that their elected representatives in this chamber are resolutely working toward a criminal justice system that all Canadians can trust and turn to, especially those who are the most vulnerable.

To this end, this bill seeks to ensure that superior court judges have the awareness, skills and knowledge to handle sexual assault cases in a manner that is fair to the parties, that is free from myths and stereotypes and that treats survivors with utmost dignity.

The bill also promotes rigour and transparency by requiring that judges provide reasons for their decisions in sexual assault proceedings and that these reasons be set out in writing or in the record of the proceedings.

I would like to acknowledge the remarkable leadership on this matter by the Hon. Rona Ambrose, the former interim leader of the Conservative Party of Canada, in the last Parliament. In the previous Parliament, Ms. Ambrose introduced Bill C-337, the predecessor to the very bill before us today.

As we will recall, Bill C-337 received unanimous support in this very chamber, strengthened by an amendment brought forward by the Standing Committee on the Status of Women, which did excellent work on studying the bill. It worked to amend it to include social context education in the bill. That complementary piece will ensure that judicial training and education includes working to better understand the demographics, the background and the lived experience of the litigants who appear before our courts.

The Senate sent the bill to the Standing Senate Committee on Legal and Constitutional Affairs, which proposed meaningful amendments to address concerns about the bill undermining the independence of the justice system.

Members may recall that many stakeholders and parliamentarians, including the bill's sponsor, applauded the work of the Senate committee to improve the bill in question.

I agree with that view of the committee's amendments. Unfortunately, we were unable to pass the bill before the end of the previous Parliament.

Since the last Parliament, we have seen cross-party support for reviving this important measure. This is evidence of the strong support for the convictions underpinning this important bill, convictions which transcend political parties and partisan interests.

I want to thank all the parties, as well as our colleagues in the other chamber, for their commitment to a collaborative approach to this initiative. Canadians have sent us to this chamber with a clear message that they expect parliamentarians to work together. Our work on the bill is a clear illustration that we are listening and acting accordingly.

The bill places particular emphasis on the judiciary. Our government recognizes the need for education, not only for judges but also for all actors in the justice system. We are working with our provincial and territorial counterparts and justice stakeholders to expand our efforts in this area. However, the focus of the bill before the House today is on judges. To be a judge is to bear an important responsibility.

I want to quote from the Hon. Justice Gonthier, former justice of the Supreme Court of Canada. He said:

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 continued:

...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.

The confidence of the public in the administration of justice is critical to the underpinning of the bill that is before us.

Given judges' fundamental role, the public has especially high expectations of them. The Canadian Judicial Council put it as follows:

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. 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 meet these very high public expectations, relevant judicial education is essential. This education must be continually evolving in order for judges to perform their duties in situations that are constantly changing, that are dynamic. A lot of great work is being done now, but now there is a need to enshrine in legislation that this is an expected requirement going forward. That is why judicial education is a central feature of the bill under consideration before us now, Bill C-5.

Our criminal law has undergone considerable reform over the past three decades 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. We know that such perceptions, myths and stereotypes have no role in the justice system in 2020, and that is what the bill targets.

As a result, the Criminal Code prohibits all forms of non-consensual sexual activity. It provides a clear definition of consent. It identifies when consent cannot be obtained. It set outs the rules for admissibility of certain types of evidence to deter the introduction of these harmful myths and stereotypes.

I would now like to explain a few of the proposed legislative amendments.

The bill before us is, as I mentioned at the outset, essentially the same as the former Bill C-337, as amended by the Senate.

In order to require newly appointed judges to undergo training on sexual assault law and social context, the bill proposes to amend the Judges Act and to include a new eligibility requirement.

Under this amendment, candidates for employment as a judge of the superior court will be required to make a commitment to undertake this type of training if they are appointed. That is an important caveat. Upon appointment is when the training would take place. This training is to ensure that the courts take into account Canada's extensive law and jurisprudence on sexual assault and information on the social context of litigants, without being influenced by preconceived or erroneous ideas.

The bill would also clarify that seminars established by the Canadian Judicial Council on matters related to sexual assault law must be developed after consultation with groups or individuals the council considers appropriate, including sexual assault survivors and groups supporting them.

In addition, the bill would require the Canadian Judicial Council to provide to the Minister of Justice, for tabling in Parliament, an annual report containing details on seminars offered on matters relating to sexual assault law and indicating the number of judges who have been attending. This is intended to enhance accountability in the education of sitting judges on these matters and to act as an incentive to encourage their participation.

Finally, 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, so oral reasons would be sufficient as well.

I want to mention that this proposed amendment to require judges to provide reasons in the determination of sexual assault matters specifically is complementary to three currently existing requirements:

First, the members in the chamber should understand that section 726.2 of the Criminal Code requires judges to provide reasons when they are sentencing decisions.

Second, there is jurisprudence from the Supreme Court in a 2002 decision called Sheppard, which requires judges to provide reasons for their decisions more generally.

Third, subsections 278.8(2) and 278.94(5) of the Criminal Code require judges to provide reasons when determining whether certain types of evidence should be admitted in sexual assault cases.

Under this bill, the obligation to state reasons will be added to the other Criminal Code provisions relating to sexual assault. As a result, all provisions relating to sexual offences will be clear and accessible to the people applying them, thereby reducing the risk of an erroneous application of law by countering the potential influence of myths and stereotypes about victims of sexual assault and their behaviour.

This approach is in line with the Supreme Court of Canada's finding that these myths and stereotypes can undermine the courts' truth-seeking function.

It is also important to note for the purposes of today's debate that the government has already committed significant resources to support the availability of enhanced judicial training in this very area. In the 2017 budget, we provided the Canadian Judicial Council with $2.7 million over five years, and half a million dollars per year thereafter, to ensure that more judges have access to professional development, with a greater focus in particular on gender and culturally sensitive training.

Our government is also actively at work with stakeholders to ensure that appropriate training is available to all of Canada's judiciary; that is, to judges who are not federally appointed. Again, I want to acknowledge in this chamber the leadership and determination of the Hon. Rona Ambrose in making this happen as well.

Next, I want to turn to the important principle of judicial independence. This bill is designed to support that constitutionally entrenched principle. I parenthetically note that in my previous life as a constitutional litigator, I spent considerable time working on this very principle and dealing with this very issue. I am very proud to say today that the bill we are debating in this chamber clearly supports the principle of judicial independence, and importantly the principle that the education of judges should be the responsibility of the judiciary. That is an important feature that is entrenched in this bill.

Whatever measures are taken to ensure that judges have access to sexual assault training and its social context, those measures would be ill-advised if they interfere with judicial independence.

Public trust requires knowing not only that judges have the expertise required to settle the disputes that come before them, but also knowing that they are independent of Parliament, the executive branch and any other group that could try to unduly influence them.

We in Canada are fortunate to have a strong, independent judicial system. We cannot take this independence for granted, and as parliamentarians, we must work to preserve and promote it.

What I can report to this chamber is that Canada's judiciary is strongly committed to ensuring that the best possible education is available to judges. In fact Canada, thankfully, is an internationally respected leader in judicial education and is a trailblazer in social context education in particular.

Let me briefly highlight the important roles of two organizations that oversee the work of judges. The first is the Canadian Judicial Council, which I briefly mentioned earlier, and the second is the National Judicial Institute.

The Canadian Judicial Council is responsible for setting professional development requirements for superior court judges. In its professional development policy, the council requires judges newly appointed to a superior court to complete an education program for new judges, as well as a more general program to be completed within five years of appointment. These programs include sexual assault law and social context education. What we are doing with this bill is making this a formal requirement.

The National Judicial Institute is responsible for the overall coordination of judicial education in Canada. In addition to being a primary education provider, the National Judicial Institute is an internationally recognized leader in judicial education. The institute seeks to integrate substantive law, skills development and awareness of social context in all of its programs.

I want to acknowledge the significant commitment of the Canadian Judicial Council and the National Judicial Institute to ensuring that judges have access to the training they need. We thank them for their full commitment to a justice system that all Canadians can trust, especially those who are most vulnerable.

It is also important to acknowledge in this chamber the important and respectful dialogue between the judicial and legislative branches that the previous bill, Bill C-337, triggered in the last Parliament, which I am confident will continue as the current bill, Bill C-5, is debated and studied. All partners in this dialogue share a strong commitment to a justice system that survivors of sexual assault can trust and that all vulnerable persons can trust, a justice system that treats them with the dignity and respect they so dearly deserve.

It is also important to outline how this bill would work within the context of other government commitments and government actions. Supporting victims and survivors of crime is a priority for our government. This includes working with provinces and territories to provide free legal advice and support to survivors of sexual assault and intimate partner violence. It includes the government's commitment, announced in the Speech from the Throne, to build on the gender-based violence strategy and work with partners to develop a national action plan.

The bill before us represents a major step forward. It gives parliamentarians an opportunity to send a clear message to all Canadian victims of sexual assault that we are not indifferent to their experiences, that courage is an inspiration and that they deserve a justice system that treats them with the utmost dignity and respect.

I know that we all share the same convictions in this regard, which is why I urge all members on both sides of this House to agree to support the very important measures contained in Bill C-5.

Judges ActGovernment Orders

4:10 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I appreciate the parliamentary secretary's speech, and I too would like to acknowledge the work that was done by the Hon. Rona Ambrose in the previous Parliament and the work that this House did together, particularly at the status of women committee too, to get that previous bill, Bill C-337, to the Senate.

I am proud to indicate that the NDP will be supporting this bill to go forward to committee, but I have a number of questions for the parliamentary secretary. We know that often complainants in sexual assault cases are provided inadequate social supports and inadequate information about the court process, and they are often confronted with a system that completely ignores their wishes.

These are not problems that a bill can solve. While Bill C-5 is important, I would like to know how the federal government, acting in a leadership role with all the provinces, is going to move to address these issues.

My second question is with regard to the TRC's call to action number 27, which recommends that lawyers receive extensive training on first nations indigenous issues, particularly with the United Nations Declaration on the Rights of Indigenous Peoples, as well as systemic racism, which we are now seeing all across Canada. I wonder what the government may do to require training for judges to bring their competency up in those particular areas.

Judges ActGovernment Orders

4:10 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, the member has been a significant contributor to many Parliaments, including in the past study of this bill in his past work on the justice committee. I want to thank him and his party for their support of this bill. It is quite critical.

To address the first part of the question, the member opposite asked about some of the social supports, and I will readily confess that this obviously cannot be done in a vacuum. We need to be doing what we can to address the very difficult circumstances that face a number of victims, in particular sexual assault victims, when they interact with the justice system. I think what this would do is address the adjudication side with respect to sensitizing judges in their understanding of the issues, but there are many complementary pieces.

He raised the issue of the lawyers and potential legal support. One could also raise the issue about the police and their interactions with sexual assault victims and survivors. I think it all needs to be done in a complementary piece, and I look forward to aspects of the gender violence strategy that will look to those different dimensions.

The Minister of Justice's mandate letter states that he has been given a mandate to ensure that legal aid supports are there, in particular for survivors of sexual violence. I think that is a good step in terms of addressing the access to justice piece that the hon. member mentioned.

With respect to the TRC calls to action, there are many that still need to be addressed. We know this. There are many that also relate to the MMIWG's calls for justice. With respect to the lawyers' training, what I will indicate to him in all candour is that a previous incarnation of this bill looked at potentially having the training apply to all applicants, regardless of whether they were appointed. The current iteration of the bill looks at applicants who are undertaking this training because they have been appointed.

It is an open question. As a member of the bar, I think all members of my profession need to have a better understanding and sensitivity training with respect to how to handle these issues and the issues that face all vulnerable people.

Judges ActGovernment Orders

4:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I welcome seeing Bill C-5 renamed and back in this place. As we all recall, the bill was proposed initially as a private member's bill by the former interim leader of the Conservative party, Rona Ambrose. I am sure I am not alone, in a non-partisan sense, in saying we miss her in this place.

I wonder about openness to amendments. One came to mind recently when I had constituents asking in town hall meetings about a decision of an Immigration and Refugee Board adjudicator, a Ms. Randhawa. Her decision was appalling, and it was overturned in the Federal Court of Appeal. It occurs to me that perhaps we need to expand the range of training. In this particular case, the IRB adjudicator refused a request for refugee status because the adjudicator found it not credible that the woman who feared returning to her home country for fear of violent attack by an intimate partner had kept a child of rape, and therefore, the adjudicator said, it could not have really been rape. It is very upsetting to imagine that we have adjudicators with life-and-death control over people seeking protection in Canada.

I wonder if the hon. parliamentary secretary could indicate whether we might be able to expand the scope of training to people who deal with refugee claimants.

Judges ActGovernment Orders

4:15 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I thank the hon. member for her contributions in the chamber.

This bill is focused on the Judges Act and Criminal Code amendments that relate thereto. It has been carefully calibrated to deal with the constitutional principle of judicial independence. Without going too much into the weeds, I would say to the hon. member that when dealing with adjudicators that are outside the scope of what is called a federally appointed judge or a Superior Court judge, there is the ability to be more prescriptive. Therefore, for people who adjudicate in quasi-judicial tribunals, for administrative adjudicators or decision-makers, there is the possibility to be even more prescriptive and more directive with respect to the training that needs to take place.

I know about the case the member has mentioned. That has been raised on the floor of the House, and quite appropriately so, because the fact that those types of myths and stereotypes are being perpetuated by various levels of adjudicators around this country and by various government appointees in this country is deeply problematic and needs to be addressed.

With respect to this bill, this bill has been calibrated for judges. Doing something more direct and even stronger with respect to additional adjudicators is something that I think all members in this House would welcome.

Judges ActGovernment Orders

4:15 p.m.

NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I would like to echo the sentiments of my NDP colleagues in the House in stating our support for this important piece of legislation, while also insisting that we need to build on this specifically with a lens on the experience of indigenous women, recognizing that the violence experienced by indigenous women is far greater than what is experienced by other women in our country, and also recognizing that sexual violence against women remains constant while violence has gone down overall over the last few years.

There is no question that this legislation is key, but let us make sure we get it right. Let us make sure we use this opportunity as a Parliament to make a difference for survivors as they face the justice system. Let us make sure that we get it right by making sure that the experiences of indigenous survivors are part of the work we do going forward.

Judges ActGovernment Orders

4:15 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, the observation and comment of the hon. member dovetails with the previous comment mentioned by her colleague with respect to the TRC.

We know that women face significant hurdles when they are raising sexual assault concerns in formal processes, such as those in the criminal justice system. We know it is not a hospitable environment by any means, and there are significant challenges. Those challenges are exponentially multiplied when individuals also have other intersecting components in their lived experience, such as being racialized women or indigenous women in particular. We heard about that a great deal in the MMIWG's calls for justice. Addressing that aspect is something we are very committed to.

I am very pleased that in the study on the status of women in the previous Parliament, social context was inserted into the bill to make sure that the judges' lens of analysis and their information and training would accommodate for all of that lived experience that litigants present when they appear in court, but that needs to be fleshed out even further. The experiences of indigenous women in particular need to be a focus of this bill.

Judges ActGovernment Orders

4:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, my question is about the amount of consensus that we see as this piece of legislation advances, because there seems to be support from all sides of this House. I am wondering if my colleague can provide his thoughts on how encouraging it is when we see all parties coming together on such an important issue.

Judges ActGovernment Orders

4:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, that is an excellent question. I will confess that it is, unfortunately, all too rare, but it is very encouraging when it happens. Sometimes we can all stand united, all 338 of us, in recognizing an important bill that is trying to address a pressing social concern. That is what this bill represents.

There needed to be some tweaks to the legislation to ensure that it was compliant with judicial independence. We made those tweaks with the help of committees, both in this chamber and in the Senate, but what we have before us is a very strong bill that hopefully all parties can get behind so that we can ensure that it comes into force as expeditiously as possible.

Judges ActGovernment Orders

4:20 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I will point out to members that the questions and answers were a little longer than normal and that we need to allow for other people. I also want to remind members that they have to be in their seats if they want to be recognized.

I owe an apology to the member for Trois-Rivières. I did not see her stand, so I will certainly keep that in mind as the questions continue.

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for North Island—Powell River, Veterans Affairs; the hon. member for Cowichan—Malahat—Langford, Health; the hon. member for Edmonton Strathcona, International Trade.

Judges ActGovernment Orders

4:20 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I would like to inform the House that I will take the unusual step of sharing my time in this early round. I believe all the parties have been surveyed and all are on board. I wish to seek unanimous consent to split my time with the member for Calgary Skyview.

Judges ActGovernment Orders

4:20 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Does the hon. member have unanimous consent to share his time?

Judges ActGovernment Orders

4:20 p.m.

Some hon. members

Agreed.

Judges ActGovernment Orders

4:20 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I am sure the House will be thankful for that.

I am a proud member of the Law Society, and because of that, part of the justice system. The justice system is supposed to be a safe place for victims of sexual assault. However, our justice system has had a checkered history in fairly weighing the rights of the victims versus those of the accused in sexual assault cases.

Incredibly, up until 1983, a woman's claim of sexual assault could be undermined by evidence submitted with respect to her sexual history. A woman's claim of sexual assault could be undermined or even dismissed because of such trivial, terrible considerations as the length of her skirt or her recent dating history.

I am glad to see that as a country we have grown to understand that we need to stop blaming victims in cases of sexual assault and put the blame where it should be, directly at the feet of the perpetrator. However, Canada still faces a sexual assault epidemic and our justice system appears only marginally capable of dealing with the torrent of these sexual assault cases.

There are over 400,000 sexual assaults in Canada every year. By some measures, for every thousand sexual assaults that occur in Canada, only 33 are reported to police. That is unacceptable in a country as good and as great as Canada. Of those 33 reported assaults, believe it or not, charges are brought in only 12 cases; six cases are prosecuted and three cases lead to a conviction.

This is an extremely disturbing statistic. I have a sister and a mother, and the most precious thing in my life, other than my son in equal amounts, is my daughter. I now know that if she were to come across sexual violence, there would be less than a 0.1% chance of her perpetrator being brought to justice in Canada. That is a truly disturbing and atrocious number.

There are a number of reasons why victims do not report sexual assault, including shame, self-blame, feeling there is a lack of evidence, embarrassment and fear of retaliation. Another overlying reason is the lack of faith in the criminal justice system. As a member of the bar and this system, that deeply hurts me.

If there is anything we can do to improve the system for victims of sexual assault, that should be something we do. I will definitely be supporting this bill. In fact, I salute the government for bringing this important piece of legislation forward.

The lack of respect for women seems not to be limited to just the justice system. It seems that it has spread across the government. As we have seen recently, a Parole Board member in Quebec advised a violent criminal, one who had killed his own wife, to seek the services of a sex worker. That resulted in her violent death.

She was a beautiful, wonderful woman. God only knows what impact she could have had on society or what good she could have done for our world. Unfortunately, her life was snuffed out all too early, when she was merely a young woman.

We have also heard the stories in this House of what happened with the refugee board when a refugee adjudicator said that rape could not be rape if a woman decided to keep the child. I could not imagine something more offensive than that comment.

I call upon the government to look at this as an opportunity to spread the type of sensitivity training it is talking about for judges. It is honourable and I will support it. However, we should go beyond our judges to perhaps our adjudicators and to other individuals within the government who appear to desperately need this training.

Victims of sexual assault and sexual violence are throughout our community. Indeed, some statistics put it as high as one in three women will experience some form of sexual violence in their lifetime.

As a father of a four-year-old daughter, that statistic is absolutely disturbing to me. It is something that as a community, not just as legislators, we need to spend every resource on stopping.

While the number of men who experience sexual violence is much smaller, this is a pressing issue for everyone. Victims of sexual assault are, after all, our daughters, sisters, mothers, friends and co-workers. Quite frankly, they deserve better from us and they deserve more protection. We must as a society attempt to drive this out of our communities, our country and indeed our world.

Part of ending sexual violence is not just punishing the perpetrators of these heinous acts, but also helping the victims feel more comfortable in sharing their stories. Part of the reason this legislation is so important is that we need to make sure judges deal appropriately with these cases and make it as palatable as possible for the victims of sexual violence to tell their stories.

Many victims do not feel comfortable coming forward because of their lack of faith in the criminal justice system. They do the incredible and difficult feat of coming forward and then meet the new challenge of facing our justice system.

Sadly, some judges have indicated they do not understand what sexual consent means, even though it is clear in law and in the Criminal Code.

Some judges have gone so far as to ask a victim in court why she could not just keep her knees together. Those comments need to never be said again in a courtroom or anywhere in Canada. Other comments have been made asking why the victim did not scream while the alleged assault took place or why the victim did not skew her pelvis to avoid penetration.

I am paraphrasing actual statements that were said in a court of law. These are disgusting words that should never be spoken anywhere in our country, much less in a courtroom.

Perhaps by giving judges the necessary training we can avoid these outlandish comments and give victims more confidence in our justice system so they will know they will be treated with respect when they perform the ultimate act of bravery and confront their perpetrators.

I will be honest. As a man it is hard to speak about these cases because I cannot possibly understand what these women have gone through. I honestly cannot imagine the horror of living through sexual violence and being forced to retell that story over and over again. These women come forward to protect other women only to have their credibility questioned or to have to face their tormentor over and over again. However, this is what the criminal justice system demands for justice.

Fixing our criminal justice system is about helping our federal judges begin to understand the quiet suffering of victims of sexual violence and teaching our judges to be more compassionate toward the victims. This bill is not about fixing our justice system as much as it is about making Canada a safer, more friendly place for all women and children. This bill not only makes sense but is also a step in the right direction for all victims of sexual assault across Canada.

I will wholeheartedly support this bill, and I salute the government for bringing it forward.

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4:30 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I could tell my Conservative colleague's speech came very much from the heart.

On February 4, a few weeks ago, I remember the Leader of the Opposition raising concern in this chamber regarding the Parole Board of Canada and the murder of Ms. Levesque. I think it was inferred during that discussion that the Conservatives might like to see some of this training extended to other members under federal jurisdiction, such as the Parole Board of Canada and possibly even further to members of the Immigration and Refugee Board.

I know Bill C-5 is quite limited in its scope and is looking just at the Judges Act, but I am curious to hear the member's opinions and thoughts on whether other branches that make important decisions in our society should have this kind of training mandated as well.

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4:30 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I agree that this type of training, specifically with respect to the Parole Board but more generally as well, is needed throughout the government. As we have continuing instances, there appears, I dare say, to be a pattern of insensitivity toward the victims of sexual violence.

I think there can be no bad education or knowledge about this. As we continue to make sure that women, particularly those victims of sexual violence, are dealt with fairly, I would be in favour of that.

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4:30 p.m.

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I thank the member for his contribution to today's debate. I welcome him to the House and to the justice committee. I also thank him for his support of this important bill.

The question I want to raise was touched upon in my opening remarks, but I think it is important for the context of the debate here.

We are dealing with federally appointed superior court judges. Obviously, the front lines of most of the criminal law work in Canada is actually at the provincial court. The court in the province that the member and I share is the Ontario court, and each province around the country has its court. This is where most sexual assault complainants and survivors will have their interaction with the justice system.

I have a general point, which is that we are trying to lead by example at the federal level, but we cannot impose the same sort of mandatory training requirements on the provincial sphere, at the provincial level of government with provincial court judges.

Given the member's strong commitment and conviction with respect to the importance of this bill, would he join with us in the overall work with provincial governments to encourage them to follow suit? Thus far, the only province that has followed suit is P.E.I., and it stands alone among the territories and provinces in terms of requiring this type of training.

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4:35 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I look forward to working with the hon. member on the justice committee.

I would wholeheartedly join any activity such as he has suggested to work with our provincial counterparts and have this type of legislation enacted specifically in our home province of Ontario. I would go so far as to personally contact the minister of justice or the attorney general from the provincial government and schedule the meeting.

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4:35 p.m.

Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

Madam Speaker, can my colleague, the parliamentary secretary, tell me in specific terms what kind of continuing education judges will be required to receive in this case?

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4:35 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The member for Northumberland—Peterborough South will answer the question because he is the one who gave the speech.

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4:35 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, this puts me in a bit of an awkward position speaking for the government. I am not sure how comfortable the government feels about that. I certainly feel a bit of discomfort here.

However, I understand that there is already much education and resources available. I look forward to working with the hon. member in the justice committee to set out exactly what this looks like going forward. I am confident that the government will work to deliver some exceptional training in this area.

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4:35 p.m.

Conservative

Jag Sahota Conservative Calgary Skyview, AB

Madam Speaker, I am honoured to stand in this place to deliver my maiden speech on behalf of my constituents in Calgary Skyview. Being elected as their representative is a very humbling experience and I am very grateful for this opportunity. I have lived most of my life in Calgary and I cannot think of a better place to grow up. We are so fortunate for our rich, diverse communities that thrive on hard work and a true sense of belonging to Canada.

Throughout my campaign, I met many of my constituents to learn from them how best I could help make their life easier as their member of Parliament. Most notably, I met a young woman in my riding who said to me, “I have never seen anyone who looks like me do what you are doing. I want to go to school and do what you do.” This sentiment meant a lot to me. What she saw was the first Sikh female to be elected in the House of Commons from Alberta. Other constituents would say “our daughters are looking up to you”.

I am proud to stand here today to represent not just those young women in my riding, but anyone who has dreamed of a life in service and of being here. I began imagining my journey to this place when I was really young. I would watch Amnesty International and my heart went out to those people. I would sit there and cry. Their stories moved me. I decided then I would practise law. Being a lawyer has been a tremendous honour for me. It is something I am very passionate about.

This is why this legislation we are debating today is very important to me as a lawyer, as a woman, and now as the deputy shadow cabinet minister for women and gender equality. I want to thank Ms. Ambrose for tabling this important legislation in the previous Parliament and for her dedication to this crucial issue.

Her bill, Bill C-337, received widespread support from parliamentarians and stakeholders. I am encouraged to see it moving forward. I am also pleased to see it as one of our commitments in our platform during the campaign.

Similar to Bill C-337, the bill we are debating today, Bill C-5, adds new eligibility 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 requires 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 does 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 is certainly 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.

We saw 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 seen instances of judges and the use of insensitive language when referring to victims, which can further lead to stigma.

In 2019, there were nearly a dozen cases going through Canada's court system that shed light on how judges continue to rely on myths and stereotypes when informing their decisions on sexual assault cases. Here we are, still seeing 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 the complainants, potentially further revictimizing them. The way victims are treated during their court proceedings as well as in the public eye we know is a major hindrance to reporting the crime in the first place. Victims witness how other sexual assault victims are treated in the justice system and are concerned that if they come forward they will be treated in the same way.

We know that sexual assault is 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. Victims also report the belief that they would not see a positive outcome in the justice system. This simply cannot stand.

What can we do? The best way to prevent this kind of sentiment is through education and training. The path forward that this legislation sets, similar to Bill C-337, allows for more confidence in the criminal justice system by ensuring lawyers who are appointed to the bench are trained and educated in the very specific type of case.

The future state, with this bill passed, is the hope that with education and training, the stories we have once heard of victims made to feel “less than” will not be repeated. This legislation is intended to help reduce the stigma of coming forward, of reporting the crimes and seeing justice prevail for the victims.

The hope is that with education and training, the victims of sexual assault are treated with respect and avoid, at all costs, being revictimized, which can be incredibly traumatizing for the individual.

As Ms. Ambrose said during her testimony before the status of women committee, “Really...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 going to see an increase in sexual assaults 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.

Unfortunately, as we know, it is not just with the justice system where we see these types of myths and misunderstanding. The recent tragic death of a young woman in Quebec sheds a light on the broad scope of this issue. Marylène Levesque was killed at the hands of a convicted murderer, who had a history of domestic violence and was granted day parole.

At a hearing into the offender's previous request for full parole, the board heard from his parole officer that while living in a halfway house, he had been allowed to have his sexual needs met. How was a man with a history of violence against women granted permission to have his sexual needs met?

That is why, in light of this horrific crime, we would like to explore studying an amendment to this bill to capture parole officers and parole board members in this legislation in the hopes that something like this does not happen again.

I look forward to further study on this potential amendment and debate on this piece of legislation. I hope it garners the same support in the House as Bill C-337 did. I hope this bill passes quickly as this will only move us forward as a society and help grow confidence in our justice system.