Legal and Constitutional Affairs

Thursday, May 18, 2023

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRTEENTH REPORT

Your committee, to which was referred Bill C-9, An Act to amend the Judges Act, has, in obedience to the order of reference of March 9, 2023, examined the said bill and now reports the same with the following amendments:

1.Clause 12, pages 4 to 7, 9, 10, 14 to 17, 20 and 23:

(a)On page 4, replace lines 8 and 9 with the following:

“for the purposes of this Division.”;

(b)on page 5,

(i)replace line 1 with the following:

“84 The Council shall name persons”,

(ii)replace line 19 with the following:

“Council and one person from the roster of lay persons have reasonable grounds to believe that the pub-”, and

(iii)add the following after line 23:

“86.1 The Council shall, with respect to each complaint received, collect the following information, provided that the complainant consents to its collection:

(a) the race, Indigenous identity, national or ethnic origin, and religion of the complainant;

(b) the sex and gender identity of the complainant; and

(c) any disability of the complainant.”;

(c)on page 6,

(i)replace line 13 with the following:

“alleges sexual misconduct or sexual harassment or that alleges discrimination”,

(ii)add the following after line 15:

“(4) If the screening officer dismisses the complaint, they shall

(a) give notice of their decision and the reasons for it to the Council; and

(b) inform the complainant in writing of their decision and the reasons for it.

(5) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.

90.1 The Council shall make public the screening officer’s decision and the reasons for it, as soon as feasible after receiving them.”, and

(iii)replace lines 33 and 34 with the following:

“they shall

(a) give notice of their decision and the reasons for it to the Council; and

(b) inform the complainant in writing of their decision and the reasons for it.”;

(d)on page 7, add the following after line 3:

“94.1 The Council shall make public the reviewing member’s decision and the reasons for it, as soon as feasible after receiving them.”;

(e)on page 9, add the following after line 6:

“103.1 The Council shall make public the review panel’s decision and the reasons for it, as soon as feasible after receiving them.”;

(f)on page 10, replace lines 27 and 28 with the following:

“(c) a person named in the roster of lay persons.”;

(g)on page 14, replace line 5 with the following:

“Supreme Court of Canada, by a decision of the Federal Court of Appeal if the Federal Court of Appeal’s decision is final, or by the decision of an ap-”;

(h)on page 15, replace lines 13 and 14 with the following:

“(a) two members of the Council;

(b) a judge named in the roster of judges;

(c) a person named in the roster of lay persons; and

(d) a lawyer of at least 10 years’ standing at the bar of any province.”;

(i)on page 16,

(i)replace line 19 with the following:

“Further Appeals”, and

(ii)replace lines 23 to 26 with the following:

“sends them a notice of its decision, appeal the decision to the Federal Court of Appeal.

138 If leave to appeal a decision of the Federal Court of Appeal made on an appeal under section 137 is granted by the Supreme Court”;

(j)on page 17,

(i)replace line 4 with the following:

“pired,

(b.1) the Federal Court of Appeal has made a decision in respect of the appeal panel’s decision and

(i) the judge and the presenting counsel have both waived their right to seek leave to appeal the decision to the Supreme Court of Canada, or

(ii) the time limit for filing an application for leave to appeal the decision to the Supreme Court of Canada has expired, and”,

(ii)replace lines 6 and 7 with the following:

“leave to appeal the decision of the Federal Court of Appeal or, if it has, it has made a decision in respect of the Federal Court of Appeal’s decision.”,

(iii)replace line 9 with the following:

“decision and any decision of the appeal panel, the Federal Court of Appeal and the”;

(k)on page 20, replace line 13 with the following:

“Federal Court of Appeal and the Supreme Court of Canada relating to those proceedings.”; and

(l)on page 23,

(i)replace lines 17 to 24 with the following:

“setting out, in respect of the year,

(a) the number of complaints

(i) received,

(ii) withdrawn or abandoned,

(iii) dismissed by a screening officer for a reason set out in

(A) paragraph 90(1)(a),

(B) paragraph 90(1)(b), and

(C) paragraph 90(1)(c),

(iv) dismissed by a reviewing member for a reason set out in

(A) paragraph 90(1)(a),

(B) paragraph 90(1)(b), and

(C) paragraph 90(1)(c),

(v) dismissed by a reviewing member for being wholly without merit,

(vi) reviewed by review panels, hearing panels and appeal panels, and

(vii) in respect of which any of the actions referred to in paragraphs 102(a) to (g) were taken;

(b) for each category listed in paragraph (a), the number of those complaints that allege

(i) sexual misconduct, or

(ii) discrimination on the basis of a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act;

(c) for each category listed in paragraph (a), in a manner that does not allow for the identification of any complainant, a summary of the information collected under section 86.1; and

(d) for any withdrawn or abandoned complaints, the reasons provided, if any.”, and

(ii)add the following after line 26:

“(3) The Minister may recommend, on the basis of the information contained in the annual report, that the Council establish seminars under paragraph 60(2)(b).”.

2.Clause 16, page 25:

(a)Replace line 23 with the following:

“16 (1) If a report made under section 65 of the”; and

(b)replace lines 28 to 30 with the following:

“after that day, appeal the report to the Federal Court of Appeal.

(2) If leave to appeal a decision of the Federal Court of Appeal made on an appeal under subsection (1) is granted by the Supreme Court of Canada, section 138 of”.

Respectfully submitted,