Wednesday, June 5, 2019

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

THIRTY-THIRD REPORT

Your committee, to which was referred Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault), has, in obedience to the order of reference of May 31, 2018, examined the said bill and now reports the same with the following amendments:

1.Preamble, page 1: Replace lines 18 to 25 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 in the seminars;

Whereas it is imperative that persons seeking to be appointed to the judiciary undertake training on sexual assault law and social context;

And whereas reasons for decisions in sexual”.

2.Clause 2, page 2: Replace 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.”.

3.Clause 3, page 3: Replace 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;”.

4.Clause 4, page 3: Replace lines 18 to 22 with the following:

“offered; and

(b) the number of judges who attended each seminar.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Observations

to the thirty-third report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-337)

The committee is of the view that judicial education in respect of matters related to sexual assault law and social context should include, among other significant issues, intimate partner violence, gender-based violence, and the unique circumstances of Indigenous women. The committee respectfully invites the Canadian Judicial Council to incorporate these elements in the design of its seminars.