New judges must train in sexual assault law

BILL PASSES SENATE

• New judges will have to commit to take training in sexual assault law, after legislation received royal assent.

Bill C-3 was passed in the Senate Thursday night, marking the third attempt to see a law of this nature passed by Parliament.

The legislation will require new federally appointed judges to agree to take training, including learning about rape myths and stereotypes and how to make sure biases about race, gender and other social factors do not influence their decisions.

It will also require judges to put their reasons on the record when ruling on sexual assault cases.

Justice Minister David Lametti said these changes will help ensure survivors of sexual assault are treated with respect and dignity in their interactions with the criminal justice system.

“We expect that these changes will have a broad and positive impact that reach beyond sexual assault matters,” he said Friday.

“Judges will benefit from new tools and perspectives that they can apply in all of their work.”

The legislation originated as a private member's bill from former interim Conservative leader Rona Ambrose.

Ambrose said there were certain senators who purposely tried to hold up the bill with the intent of quashing it. These individuals, whom she did not name, posed questions and made statements about the bill that she says were sexist and misogynistic.

“There were senators who knew that they could hold it up. They said things like, `This will sway the legal system in favour of victims,' which was the most bizarre thing I've ever heard because it was just about education, and things like, `This is just another part of the Me Too movement,' ” she said in an interview Friday.

“It was misogyny, without a doubt. Sexism and misogyny, and from corners I didn't expect.”

The Liberal government supported it, and it easily passed in the Commons, but stalled in the Senate and died when Parliament was dissolved for the 2019 election.

Lametti gave full credit to Ambrose for championing the passage of this legislation, which she has continued to do even though she is no longer involved in federal politics.

“Rona's ongoing support and collaboration were important to getting this bill through the parliamentary process, and I wanted to thank her, personally, for her commitment to this issue and to this legislation.”

The law will only apply to federally-appointed judges and training will not be mandatory for those already on the bench, in order to respect the principle of judicial independence.