Four years and three attempts later, Bill C-3 received royal assent in Parliament on Thursday evening. THE CANADIAN PRESS/Fred Chartrand

Four years and three attempts later, Bill C-3 received royal assent in Parliament on Thursday evening. THE CANADIAN PRESS/Fred Chartrand

Judges’ sexual assault training bill receives royal assent after clearing the Senate

The legislation will require federally appointed judges to learn about rape myths and stereotypes about race, gender and other social factors

Rona Ambrose says she had no idea it would take so long and require such determination to see that new judges are properly trained in sexual assault law.

Four years and three attempts later, Bill C-3 received royal assent in Parliament on Thursday evening.

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

The legislation originated as a private member’s bill that Ambrose presented in 2017 while she was interim Conservative leader, but after it received cross-partisan support in the House of Commons, it stalled in the Senate.

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 her original bill, but because of the stalling tactics employed in the Senate, it died when Parliament was dissolved for the 2019 election.

The Liberals revived it last year, making it a government bill that could not be killed in the Red Chamber.

Justice Minister David Lametti said the new law 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.”

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.”

Looking back over the long road to royal assent, Ambrose said she was emotional when she learned the bill had finally passed.

Her thoughts were with the victims of sexual assault who have reached out to her over the last four years, many of whom disclosed their painful experiences, including triggering and re-victimizing ordeals within the justice system.

It was these women’s stories that kept her driven to ensure federal judges are properly applying Canada’s laws when it comes to sexual assault and rape victims.

“This isn’t the be-all and end-all that’s going to solve all kinds of things, this is just a small thing that we needed to do, but it’s incredible that a small thing took so long to get done,” Ambrose said.

“Because the truth is institutions are pretty opaque at times. We’re seeing that with the military now too and with the RCMP — there are a lot of great things about our institutions, but willingness to reform themselves is not one of them.”

The bill was sparked by some high-profile rulings that led to public outcry. Alberta judge Robin Camp asked a sexual-assault complainant in 2014 why she couldn’t keep her knees together; Halifax judge Gregory Lenehan said “a drunk can consent” while acquitting a taxi driver of sexual assault on a passenger in 2017.

Camp resigned from the bench after the Canadian Judicial Council eventually recommended he be removed. Lenehan was cleared of misconduct, though a committee examining his decision said his words were “ill-considered.”

The new 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, 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.”

Some provinces have begun taking steps toward adopting similar mandated or voluntary training programs for judges, including Prince Edward Island, which passed legislation in 2018, and Saskatchewan, which committed to developing a training program for judges, lawyers and other justice system professionals in 2019.

Ambrose said she hopes all the provinces and territories will pass legislation similar to the new federal law, although she is aware of intense push back from the legal and judicial community in many jurisdictions that has made this challenging.

She plans to continue working with any province that wish to make courtrooms a safer and more sensitive place for victims.

“Some of the things that judges have said and some of the mistakes that they’ve made are just unacceptable for people who hold those positions,” Ambrose said.

“To me, the easiest way to rectify that is to make sure they have the right education and training, so yeah, I’m going to keep pushing for it at the provincial level because that’s where a lot of these cases are.”

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Just Posted

Traffic will be diverted through Radium along highways 93 and 95 as a part of the closures. (Claire Palmer photo)
Extended closures to Trans-Canada Highway announced east of Golden this fall

It’s the second round of extended closures as a part of Phase 4 of the Kicking Horse Canyon Project

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Fruit farmers in the Okanagan and Creston valleys are in desperate need of cherry harvesters amid COVID-19 work shortages. (Photo: Unsplash/Abigail Miller)
‘Desperate’ need for workers at Okanagan cherry farms

Fruit farmers are worried they’ll have to abandon crops due to COVID-19 work shortages

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Photograph By MICHAEL POTESTIO.KTW
Former Kamloops security gaurd wants job back after kicking incident caught on video

Rick Eldridge quit when a video surfaced of him kicking a man outside a facility for homeless

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

People participated in a walk to honour the 215 children found at a former Kamloops residential school, as well as residential school survivors. (Twila Amato/Black Press Media)
Kelowna marks National Indigenous Peoples’ Day with walk to remember Kamloops 215

“Let’s speak the truth and deal with the truth, and heal.”

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

Most Read