Bill requiring new judges to take training in sexual-assault law receives royal assent

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

Bill C-3 was passed in the Senate, 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.

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.

Mr. Lametti gave full credit to Ms. 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.

However, the training will be available for all judges who wish to take it, Mr. Lametti said.

“We can’t force judges who are currently sitting to undergo training, but we do hope that this will create a positive environment to receive that training, and hopefully we will, with time in particular, have a much better-equipped bench that will instill confidence in Canadians.”

The training will be developed with the assistance of the Canadian Judicial Council and the National Judicial Institute.

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