An Act to amend the Judges Act and the Criminal Code (S.C. 2021, c. 8)

• Published date: 14 December 2021
• Section: Part III - Acts of Parliament
• Gazette Issue: 1 - [object Object]

S.C. 2021, c. 8

Assented to 2021-05-06

An Act to amend the Judges Act and the Criminal Code

SUMMARY

This enactment amends the Judges Act to restrict eligibility for judicial appointment to persons who undertake to participate in continuing education on matters related to sexual assault law and social context. It also amends the Judges Act to provide that the Canadian Judicial Council should report on seminars offered for the continuing education of judges on matters related to sexual assault law and social context. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.

Preamble

Whereas survivors of sexual assault in Canada must have faith in the criminal justice system;

Whereas Parliament recognizes the importance of an 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 the persons affected and present a high possibility of revictimizing survivors of sexual assault;

Whereas problematic interpretations of the law may arise in sexual assault proceedings;

Whereas Parliament recognizes the value and importance of judges participating in continuing education;

Whereas it is imperative that persons seeking to be appointed to the judiciary undertake to participate in continuing education on matters related to sexual assault law and social context;

Whereas Parliament wishes to be made aware of seminars offered to federally appointed judges on matters related to sexual assault law and of judges’ participation in the seminars;

And whereas 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:

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

Marginal note:1992, c. 51, s. 3

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

  Marginal note:Appartenance au barreau

  3 Peuvent 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 :

• Marginal note:1996, c. 22, s. 2

  (2) Paragraphs 3(a) and (b) of the Act are replaced by the following:

  • (a) is a barrister or...