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 3 Comparative Chart

Key Policy Differences between former Bill C-337 as passed by the House, and as amended by LCJC (C-5)
Key Policy Change Passed by House of Commons, May 15, 2017 Amendments by LCJC, June 5,  2019
Eligibility Requirements (s. 3 (b)) All candidates for appointment to provincial superior courts to complete to satisfaction of Commissioner for Federal Judicial Affairs 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
Bill C-5: “undertakes to participate”
Role of CJC – 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
Reporting
s. 62.1(1)		 Report annually on
  • the number of judges attending and the court
  • the number of sexual assault cases heard by judges who have never participated in a sexual assault seminar. 
Report annually on the number of judges attending
  • not by court
  • no naming and shaming