House of Commons Standing Committee on Justice and Human Rights - Bill C-5, an Act to Amend the Judges Act and the Criminal Code - February 4, 2020

Tab 2 Technical Deck

C-5 reflects the intent of former Bill C-337 (the Ambrose bill) as passed by the House of Commons on May 15, 2017, and the 33rd Report of the Standing Senate Committee on Legal and Constitutional Affairs, June 5, 2019.

Judicial independence requires that judicial education be under the control of the judiciary; as a result Parliament cannot mandate training for sitting judges.
Parliament cannot legislate in relation to provincially or territorially appointed judges.

Restricts eligibility for appointment to the provincial superior courts to candidates who undertake to participate in training on matters relating to sexual assault law and social context following their appointment.
- As a practical matter, makes education mandatory for new judges appointed to the provincial superior courts.
Canadian Judicial Council must ensure that seminars established on matters relating to sexual assault law are:
1. developed after consultation with persons, groups or organizations the Council considers appropriate, such as sexual assault survivors and groups and organizations supporting them,
2. include instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings, as well as education regarding myths and stereotypes associated with sexual assault complainants.
Ensures balance and accuracy in the content
Canadian Judicial Council must provide to the Minister an annual report on seminars on matters related to sexual assault law containing:
1. the title and a description of the content of each seminar, its duration, and the dates on which it was offered; and
2. The number of judges who attended each seminar

Must be tabled in each House of Parliament

Intended to enhance accountability in the education of sitting judges on these matters, and to act as an incentive to encourage their participation.

Amend the Criminal Code to require that judges provide reasons for decisions in respect of listed sexual assault offences, and their historical equivalents. The proposed amendments specify that:
- reasons for listed sexual assault offences would be required in relation to decisions that an accused is acquitted, found guilty, discharged, found not criminally responsible or unfit to stand trial;
- reasons would be entered into the record of the proceedings or provided in writing; and
- the requirement for reasons would apply to proceedings before a judge without a jury.
Intended to enhance the transparency of judicial decisions made in sexual assault proceedings.