Appearance before the Senate Standing Committee on Legal and Constitutional Affairs – Bill C-3: An Act to amend the Judges Act and the Criminal Code
Chart: Provincial Bills and Legislation Dealing with Judicial Training in Sexual Assault Law
| Jurisdiction | Instrument | Key Policy | Status |
|---|---|---|---|
| PEI | Mandatory Sexual Assault Law Education Act,SPEI, c 67 | To be appointed, candidates must agree to complete any continuing education in sexual assault law that may be prescribed by the Chief Judge. | Received Royal Assent December 5, 2018Proclaimed into force March 16, 2019 |
| Nova Scotia | Bill No. 11, Provincial Court Act (amended) | Before taking the oath of office, an individual newly appointed as a provincial court judge must complete comprehensive education on sexual assault law and on myths and stereotypes associated with sexual assault complainants.Every sitting provincial court judge must complete continuing education seminars and courses relating to sexual assault law at a frequency determined in consultation with the Chief Judge.When assigning judicial duties, the Chief Judge shall consider the time needed to attend sexual assault law training.The Chief Judge shall provide an annual report to the AG on sexual assault law training completed by judges in the previous year. | Received 1st Reading September 11, 2018 |
| Bill No. 5, Provincial Court Act (amended) | The same as Bill No. 11 | DeadReceived 1st Reading September 26, 2017 | |
| Bill 81, Provincial Court Act (amended) | The same as Bill No. 11 | DeadReceived 1st Reading April 25, 2017 | |
| Ontario | Bill 9, Mandatory Sexual Assault Law Training for Judicial Officers Act, 2018 | Judicial Appointments Advisory Committee cannot consider a candidate unless that candidate has completed recent comprehensive sexual assault law education.The plan for continuing education of provincial judges established by the Chief Justice of the Ontario Court of Justice must require judges to complete education in respect of matters related to sexual assault law.Similar amendments proposed for Justices of the Peace Act with respect to justices of the peace. | DeadReferred to Standing Committee on Justice Policy May 3, 2018 |
| Bill 120, Mandatory Sexual Assault Law Training for Judicial Officers Act, 2017 | The same as Bill 9 | DeadReferred to Standing Committee on Justice Policy November 16, 2017 | |
| Manitoba | Bill 215, The Provincial Court Amendment Act (Gender-Based Violence Education Requirements) |
Prohibits a person from being appointed as a judge unless that person has completed recent and comprehensive education that the Chief Judge believes satisfies the requirements of education in sexual assault law. Defines “education in sexual assault law” as including, in part, myths and stereotypes associated with sexual assault complainants.Requires the Chief Judge to establish a continuing education program for judges that meets certain goals including “imparting and updating knowledge with respect to education in sexual assault law”.Sets out similar requirements for certain judicial justices of the peace in relation to education in domestic violence law and a continuing education program that includes domestic violence law.Requires retired judges to have completed education in sexual assault law before being designated as senior judges. | Received 1st Reading November 18, 2020 |
| Bill 206, The Provincial Courts Amendment Act (Mandatory Awareness Training) | Requires that, before an individual takes office as a judge, they participate in a course that the Chief Judge believes provides adequate training on sexual assault law and on myths and stereotypes associated with sexual assault complainants.Requires that, before an individual takes office as a designated justice of the peace, that individual must participate in a course that the Chief Judge believes provides adequate training on domestic violence and stalking and on myths and stereotypes associated with sexual assault complainants. | Received 1st Reading October 27, 2020 | |
| Bill 225, The Provincial Courts Amendment Act (Mandatory Awareness Training) | Identical in substance to Bill 206. Minor technical differences regarding placement of amendment within the acts being amended. | DeadReceived 1st Reading March 11, 2019 | |
| Bill 227, The Provincial Courts Amendment Act (Mandatory Training and Continuing Education) | Requires new judges to participate in a course, within 90 days of taking office, that the Chief Judge considers to provide adequate training on sexual assault law and on myths and stereotypes associated with sexual assault complainants.Prohibits new judges from hearing any matters related to sexual assault before completing the training described above. | DeadDefeated on 2nd Reading November 2, 2017 | |
| Saskatchewan | Press Release | The Ministry of Justice and Attorney General is developing a sexual violence education program to be made available to judges, lawyers and other justice system professionals with the goal of ensuring best practices are used when working with sexual violence complainants. | Announced November 27, 2019 |
| Alberta | Motion under Standing Order 42 | Urges the Government to work with the Law Society of Alberta and the Provincial Court Judges’ Association of Alberta to ensure that (1) any candidate being considered for a judicial appointment to the Provincial Court of Alberta has completed comprehensive education on sexual assault law, and to ensure that (2) continuing education plans for judges and certain lawyers are “adequate” in respect of matters related to crimes of a sexual nature. | Passed on April 13, 2017 |
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