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

Comparative Chart: C-3 and C-337

Key Differences between former Bill C-337 as passed by the House, and as amended by LCJC, and Bill C-3
Key Change(s) Former Bill C-337, As passed by House of Commons, May 15, 2017 Former Bill C-337, As Amended by LCJC,
June 5, 2019		 Bill C-3, As passed by the House of Commons,
November 23, 2020
Eligibility Requirements (s. 3 (b)) All candidates for appointment to provincial superior courts to complete to satisfaction of Commissioner for Federal Judicial Affairs (CFJA) recent and comprehensive education in sexual assault and social context To be eligible for appointment candidate must agree to engage in continuing legal education
  • Only candidates actually appointed participate in continuing education (though NJI)
  • No role for the CFJA
 Only candidates who “undertakes to participate in continuing education on matters related to sexual assault law and social context” are eligible for appointment Social context includes “systemic racism and systemic discrimination”
Role of Canadian Judicial Council (Council) – Establishment of Seminars s. 60(2)(b) Required to develop seminars in consultation with sexual assault survivors etc. To be developed after consultation with persons it considers appropriate, such as sexual assault survivors etc.
  • No mandatory consultation, survivors only an example
  • Ensures balance
 Council “should” ensure seminars are developed after consultation Examples of persons who could be consulted include “Indigenous leaders and representatives of Indigenous communities”
Reporting s. 62.1(1) Council shall report annually on
  • the number of judges attending and their courts
  • the number of sexual assault cases heard by judges who have never participated in a sexual assault seminar
 Council shall report annually on the number of judges attending
  • not by court
  • no naming and shaming
 Council “should” report annually Reporting expanded to include seminars on social context (as amended)
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