Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 64 - Minutes of Proceedings - June 3, 2019
OTTAWA, Monday, June 3, 2019
(149)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 6:27 p.m., in room B45, Senate of Canada Building, the chair, the Honourable Serge Joyal, P.C., presiding.
Members of the committee present: The Honourable Senators Batters, Boisvenu, Boniface, Busson, Carignan, P.C., Dalphond, Dupuis, Dyck, Joyal, P.C., Lankin, P.C., McIntyre and Pratte (12).
Other senators present: The Honourable Senators Andreychuk and Pate (2).
In attendance: Maxime Charron-Tousignant and Brendon Naef, Analysts, Parliamentary Information and Research Services, Library of Parliament; Marcy Galipeau, Communications Officer, Senate Communications Directorate.
Also present: The official stenographers of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, May 31, 2018, the committee began its examination of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).
WITNESSES:
The Honourable Senator A. Raynell Andreychuk, sponsor of the bill.
As an individual:
The Honourable Rona Ambrose, P.C.
National Judicial Institute:
The Honourable C. Adèle Kent, Chief Judicial Officer.
As an individual:
Elaine Craig, Associate Professor, Schulich School of Law, Dalhousie University (by video conference).
The chair made a statement.
Ms. Ambrose and Senator Andreychuk each made a statement and answered questions.
At 6:41 p.m., the committee suspended.
At 6:58 p.m., the committee resumed.
Chief Justice Kent made a statement and answered questions.
At 8:04 p.m., the committee suspended.
At 8:08 p.m., the committee resumed.
Ms. Craig made a statement and answered questions.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
With leave, it was agreed to revert back to clause 2.
The Honourable Senator Pratte moved that Bill C-337 be amended in clause 2, on page 2, by replacing lines 26 to 37 with the following:
"(b) has agreed to engage in continuing legal education in respect of matters related to sexual assault law and social context, including by attending seminars established under paragraph 60(2)(b) on these matters.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2, as amended, carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Pratte moved that Bill C-337 be amended in clause 3, on page 3, by replacing lines 5 to 8 with the following:
"al assault law and social context
(i) that have been developed after consultation with persons the Council considers appropriate, such as sexual assault survivors and groups and organizations that support them, and
(ii) that 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;''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3, as amended, carry.
The chair asked whether clause 4 shall carry.
The Honourable Senator Pratte moved that Bill C-337 be amended in clause 4, on page 3, by replacing lines 18 to 22 with the following:
"offered; and
(b) the number of judges who attended each seminar.''.
After debate, the question being put on the paragraph entitled Report — seminars 62.1(1), it was adopted.
The question being put on subparagraph (a) it was adopted.
After debate, the question being put on subparagraph (b) it was adopted, by the following vote:
YEAS
The Honourable Senators Boniface, Dupuis, Lankin — 3
NAYS
The Honourable Senators Joyal, Batters, Boisvenu, Busson, Carignan, Dalphond, Dyck, McIntyre, Pratte — 9
ABSTENTIONS
Nil.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 4, as amended, carry on division.
It was agreed that 5 carry.
It was agreed that clause 1, which contains the short title, carry.
The chair asked whether the preamble shall carry.
The Honourable Senator Dalphond moved that Bill C-337 be amended in the preamble, on page 1, by replacing lines 18 to 20 with the following:
"Whereas Parliament wishes to be made aware of seminars offered to federally appointed judges, including in respect of matters related to sexual assault law and social context, and judges' participation to the seminars;''.
After debate, the Honourable Senator Dalphond moved that the motion in amendment be amended by:
"Whereas Parliament wishes to be made aware of seminars offered to federally appointed judges, including in respect of matters related to sexual assault law and social context, and judges' participation in the seminars;''.
After debate, the question being put on the subamendment, it was adopted.
The Honourable Senator Dalphond moved that Bill C-337 be amended in the preamble, on page 1, by replacing lines 21 to 24 with the following:
"Whereas it is desirable that persons seeking to be appointed to the judiciary undertake to complete training, particularly on sexual assault law and social context;''.
After debate, it was moved that the motion in amendment be amended by:
"Whereas it is imperative that persons seeking to be appointed to the judiciary undertake training on sexual assault law and social context;''.
After debate, the question being put on the subamendment, it was adopted.
The Honourable Senator Dalphond moved that Bill C-337 be amended in the preamble, on page 1, by replacing line 25 with the following:
"And whereas reasons for decisions in sexual''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that the preamble, as amended, carry.
It was agreed that the title carry.
It was agreed that the bill carry.
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, numerical and typographical changes and adjustments to the amendments adopted by the committee.
It was agreed that observations be appended to the committee's report on the bill.
A discussion took place on the proposed observations.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the bill be reported, as amended with observations to the Senate.
At 9:54 p.m., the committee adjourned to the call of the chair.
ATTEST:
Keli Hogan
Clerk of the Committee