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 5 Media Lines
Introduction of legislation ensuring judges participate in training on sexual assault law
Issue:
The Government will introduce a Bill (Bill C-5) to amend the Judges Act to ensure all newly appointed provincial superior court judges undergo training in matters relating to sexual assault law and social context. The newly introduced legislation is similar to former Bill C-337 that was introduced in February 2017 in the wake of public outcry and ensuing national media coverage over provincial judges’ comments in sexual assault cases in which judges relied on myths and stereotypes about sexual assault victims.
Media Lines:
- The Government of Canada is committed to addressing issues of violence against women, including sexual violence.
- Bill C-5 is aimed at enhancing public confidence and sexual assault survivors’ confidence in the criminal justice system. The goal is to ensure judges hearing sexual assault matters will have the necessary training to fairly and properly decide matters, without the influence of myths and stereotypes.
- The Bill also proposes to enhance the transparency of decisions by amending the Criminal Code to require that judges provide written reasons, or enter them into the record, when deciding sexual assault matters.
- The Bill is consistent with Private Member’s Bill C-337, which was introduced during the previous parliamentary session by the Honorable Leader Rona Ambrose in her capacity as the member for Sturgeon River—Parkland.
- Importantly, the Bill reflects the amendments adopted by the House of Commons regarding the inclusion of education on social context in addition to training on sexual assault.
- It also incorporates the amendments put forward by the Standing Senate Committee on Legal and Constitutional Affairs. Bill C-337 was adopted unanimously in the House of Commons, but had not been passed by the Senate at the dissolution of the 42nd Parliament.
- It is essential that judges participate in broader training on social context, including social and cultural factors that may affect individuals’ engagement with the justice system. This legislation is intended to foster greater public confidence in our justice system.
- In Budget 2017, Government provided the Canadian Judicial Council with $2.7 million over five years, and $0.5 million per year thereafter, to ensure that more judges have access to professional development, with a greater focus on gender and culturally-sensitive training.
IF PRESSED: Current laws on Sexual Assault:
- The Criminal Code prohibits all non-consensual sexual activity, provides a clear definition of consent, identifies when consent cannot be obtained, and sets out rules for the admissibility of certain types of evidence to deter the introduction of discriminatory myths and stereotypes about how victims of sexual assault are expected to behave.
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