Madam Speaker, I will be sharing my time with the member for Moncton—Riverview—Dieppe.
It is an honour for me to speak to Bill C-5. As members know, if passed, this proposed piece of legislation will amend the Judges Act and the Criminal Code to require newly appointed provincial superior court judges to participate in training on sexual assault and the social context in which it occurs. Judges are expected to apply the law in a manner that is respectful of the dignity of survivors. Training on sexual assault law and the social context in which the sexual assault occurs will help to ensure that they have a full understanding of the complex nature of sexual assault when presiding over such cases.
This proposed legislation will also require judges to provide written reasons for their final decisions in sexual assault matters. Doing so will improve the transparency of judges' decisions.
It is noteworthy that only 5% of sexual assaults in this country get reported. Bill C-5 would give us an opportunity to strengthen our criminal justice system and give survivors of sexual assault and all Canadians more confidence in our system.
Today I will use my time to demonstrate how this legislation could build the confidence of survivors of sexual assault, as well as their families and loved ones, in our criminal justice system, and to help survivors feel more comfortable reporting these crimes to the police.
Sexual violence is a widespread problem in Canada. It is one of the most under-reported crimes. As I stated earlier, only 5% of sexual assaults in Canada are reported to the police.
I would like to elaborate on the social context. Brampton, especially in my own riding of Brampton West, is one of the fastest-growing populations in Canada. More interestingly, the majority of Brampton's residents are visible minorities. Violence, whether it is sexual assault or other forms of domestic violence, is massively under-reported. Due to the stigma of sexual violence, racialized women are even more reluctant to seek help. This is even more true for indigenous girls and women, women with disabilities, as well as LGBTQ2 community members.
Many factors can influence whether or not survivors will report that they have been sexually assaulted, such as the fear of being blamed or not being believed, concerns over retaliation from their attacker, anxiety of having their personal lives publicly judged and the fear of judicial error. These are just some of the factors and truths of the society we live in.
These factors are exacerbated in marginalized communities. Such barriers transcend but can also be compounded by intersectionalities of one's gender, age, class, disability and ethnicity. That is why the social context is so necessary.
Myths and stereotypes about sexual assaults are also dangerous and can have substantial negative impacts on whether a survivor will report. They also negatively impact whether there can be a trial that is fair to the accused, the victim and society at large.
Undeniably, a lack of confidence in the criminal justice system is one of the significant reasons that survivors do not come forward.
For those who do report the crime, they often tell us that they are re-traumatized by the process. As myths and stereotypes regarding sexual assault continue in the justice system, scrutiny about what the survivor did or did not do instead of the actions of the accused often determine the outcome of a case. This dehumanizing process, along with a lack of adequate supports and resources, can revictimize and further traumatize those who have experienced sexual violence.
In spite of the progress we have made, the criminal justice system is still a source of further distress and humiliation for survivors of sexual assault. Sexual violence is a crime that robs people of their choice, strips them of their bodily and sexual integrity and undermines their dignity and psychological well-being.
The impact of sexual assault is still not well understood in society and rape myths are still common and persist throughout the justice system. For example, in today's society, there is a disturbing misguided belief that survivors of sexual violence often falsify sexual assault reports.
There is also a mistaken belief that sexual assault is just consensual sexual activity that “went too far” or ”got out of hand”. There is a persistent myth that if it were a “real” sexual assault, the survivor would have fought back or tried to get away. There is a misconception that a survivor should be able to recount every detail in a linear and organized sequence.
Neuroscience research about trauma provides evidence that what might appear to be an inconsistency in a way a victim reacts or how the victim recounts the incident can actually be a typical, predictable and normal way of responding to and coping with a traumatic event. Understanding this can change the way we view the person's credibility and reliability.
Thankfully, we are now starting to have a better scientific and psychological understanding of the different reactions that survivors have to traumatic events, like sexual assault, including the impact of trauma on behaviour and memory. We also now understand that intergenerational trauma is a very real consequence of violence, which not only hurts individuals and their families, but also impacts communities as a whole. That is why training and awareness can help us to be fairer and more consistent in understanding how survivors react in sexual assault cases.
Navigating the criminal justice system can be extremely difficult for survivors of sexual assault. They must feel confident that they will be treated fairly and with dignity. With education and training on sexual assault and the social context in which it occurs, as well as its impact on survivors, we can help build a better criminal justice system in which people feel more confident in reporting sexual assaults and stay engaged throughout the criminal justice process.
Sexual assault is a form of gender-based violence and is one of the most under-reported crimes in Canada. With Bill C-5, we are building on our federal investments to prevent and address gender-based violence.
In 2017, we launched It's Time, Canada's strategy to prevent and address gender-based violence. This is the first strategy of its kind. It invests over $200 million in federal initiatives to prevent gender-based violence, support survivors and their families, and promote responsive legal and justice systems. Today, Bill C-5 forms part of the larger response to the issue of gender-based violence.
Judges are trained to be impartial, unbiased and have a thorough understanding of the law. Given that they are the individuals responsible for delivering justice, it is in everyone's interest to fill any gaps in their training. Bill C-5 would make it mandatory for all newly appointed provincial superior court judges to participate in continuing education in sexual assault law and social context. This will help ensure the superior court judges have a full understanding of the complex nature of the sexual assault when presiding over such cases.
Canadians need to have confidence that the judge in front of them is not influenced by myths and stereotypes in the judge's application of the law and that the judge has the understanding of the impacts of the trauma. Survivors also need to have confidence that the decision rendered in their case will be well reasoned and not influenced by biases and misconceptions.
This bill would help us move toward a higher level of confidence we must achieve. It would help empower women to work toward alleviating institutional oppression faced by women, including indigenous women, racialized women, women with disabilities, as well as members of the LGBTQ2 community.
I strongly encourage all members of this House to recognize the importance of Bill C-5 and to support it. Together we can continue to strengthen Canada's criminal justice system and give survivors of sexual assault and all Canadians more confidence in our justice system. Let us seize the opportunity to create a safer and more responsive justice system for all those who have experienced sexual violence and provide a better future for families, communities and all Canadians.