Support for Judicial Accountability through Sexual Assault Law Training 2020

BACKGROUND: In sexual assault cases before the courts in 2014 and onward, judges’ recorded statements have indicated reliance on debunked stereotypes. Subsection 15(1) of the Charter of Rights and Freedoms (1982) provides that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination, including on the basis of sex. Equality entails the promotion of a society in which all are secure in the knowledge that they are recognized by law as human beings equally deserving of concern, respect, and consideration. Clause 1 of Bill C-5 proposes to amend section 3 of the Judges Act (1985) to require candidates for appointment to provincial superior courts to agree to participate in continuing education on sexual assault law and social context. Clause 2 would amend section 60 of the Judges Act to clarify that the Canadian Judicial Council may establish seminars for the continuing education of judges on sexual assault law and social context. Clause 4 of Bill C-5 would amend the Criminal Code (1985) by adding a provision after Section 278.97 to require judges to provide reasons for decisions in sexual assault proceedings.
Continuing education on the interpretation and application of sexual assault law promotes the equality rights of sexual assault complainants, the majority of whom are women and girls. Continuing vigilance is required to avoid deferment of and to ensure legislation on training for judges on violence against women, for those mandated to implement legislation regarding violence against women, is enacted and implemented.