C-33714264-65-66Elizabeth II2015-2016-2017An Act to amend the Judges Act and the Criminal Code (sexual assault)An Act to amend the Judges Act and the Criminal Code (sexual assault)20172

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Ms. Ambrose421328

SUMMARYThis enactment amends the Judges Act to restrict eligibility for judicial appointment to individuals who have completed comprehensive sexual assault education. It also requires the Canadian Judicial Council to report on continuing education seminars in matters related to sexual assault law. Furthermore, it amends the Criminal Code to require a court to provide written reasons in sexual assault decisions.

PreambleWhereas survivors of sexual violence in Canada must have faith in the criminal justice system;Whereas Parliament recognizes the importance of a free and independent judiciary;Whereas Parliamentarians have a responsibility to ensure that Canada’s democratic institutions reflect the values and principles of Canadians and respond to their needs and concerns;Whereas sexual assault proceedings have a profound effect on the reputations and lives of those affected and present a high possibility of revictimizing survivors of sexual violence;Whereas problematic interpretations of the law may arise in sexual assault trials;Whereas Parliament recognizes the value and importance of judges participating in continuing legal education;Whereas Parliament wants to be made aware of the participation of the judiciary in sexual assault law training;Whereas, because lawyers seeking to be appointed to the judiciary are not required to have completed sexual assault law training, judges may be assigned to hear sexual assault cases without such training;And whereas written reasons for decisions in sexual assault proceedings enhance the transparency and accountability of the judiciary;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title

Short title1This Act may be cited as the Judicial Accountability through Sexual Assault Law Training Act.

R.S., c. J-1Judges Act

2(1)The portion of section 3 of the French version of the Judges Act before paragraph (a) is replaced by the following:

3Peuvent seules être nommées juges d’une juridiction supérieure d’une province, si elles remplissent par ailleurs les conditions légales, les personnes qui, à la fois :

(2)Paragraphs 3(a) and (b) of the Act are replaced by the following:(a)is a barrister or advocate of at least 10 years’ standing at the bar of any province or has, for an aggregate of at least 10 years,(i)been a barrister or advocate at the bar of any province, and(ii)after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province; and(b)has, to the satisfaction of the Commissioner as defined in section 72, completed recent and comprehensive education in sexual assault law that includes 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.

3Paragraph 60(2)(b) of the Act is replaced by the following:(b)establish seminars for the continuing education of judges, including in respect of matters related to sexual assault law;

4The Act is amended by adding the following after section 62:

Report — seminars62.1(1)Within 60 days after the end of each calendar year, the Council shall submit to the Minister a report on the seminars, referred to in paragraph 60(2)(b), in respect of matters related to sexual assault law offered in the preceding calendar year that includes(a)the title and a description of the content of each seminar, its duration, and the dates on which it was offered;(b)the number of judges who attended each seminar and the court on which they serve; and(c)the number of sexual assault cases heard by judges who have never participated in such a seminar.Tabling of report(2)The Minister shall table a copy of the report in each House of Parliament on any of the first 10 days on which that House is sitting after the Minister receives the report.

R.S., c. C-46Criminal Code

5The Criminal Code is amended by adding the following after section 278.91:

Written reasons278.92In proceedings for an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the Court shall provide written reasons for a decision that a person is(a)acquitted; (b)discharged;(c)found guilty of the offence;(d)found not criminally responsible on account of mental disorder; or(e)found unfit to stand trial in respect of the offence.

Coordinating Amendment

6If Bill C-32, introduced in the 1st session of the 42nd Parliament and entitled An Act related to the repeal of section 159 of the Criminal Code, receives royal assent, then, on the first day on which both section 1 of that Act and section 5 of this Act are in force, section 278.92 of the Criminal Code is replaced by the following:

Written reasons278.92In proceedings for an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the Court shall provide written reasons for a decision that a person is (a)acquitted; (b)discharged;(c)found guilty of the offence;(d)found not criminally responsible on account of mental disorder; or(e)found unfit to stand trial in respect of the offence.