Conservative interim leader Rona Ambrose introduced Thursday a private member’s bill that would make sex assault law training mandatory for any lawyer who wants to become a federally appointed judge.
The Judicial Accountability Through Sexual Assault Law Training Act, or the JUST Act, would also require an annual report to Parliament on the types of sexual assault training offered, and the attendance by lawyers and judges at those sessions.
Ambrose told reporters Thursday that the goal is to ensure transparency about whether and how judges are being trained to deal with such sensitive cases, and make sexual assault victims more comfortable with the judicial process.
“I don’t think anyone here can deny that there’s been a growing movement in Canada to recognize the challenges, and indeed, the trauma often experienced by those who go through sexual assault cases in court,” Ambrose said at a news conference after tabling her bill in Ottawa.
She said research shows that the majority of survivors of sexual assault and abuse rarely pursue justice through the courts because they “don’t have the confidence that the system will treat them fairly.”
“Addressing this situation must start with those responsible for overseeing Canada’s judicial system,” she said, adding that there’s currently not enough “accountability” to ensure that all judges have up-to-date training on dealing with sex assault cases.
If the bill passes, any lawyer who wants to become a judge will “have to take the training in sexual assault law and comprehensive training around rape mythology so they understand the sensitivities around these kinds of cases,” Ambrose said.
She said she has approached all federal parties to seek support for the JUST Act and would also like to see similar training requirements for judges at the provincial level.
During question period in the House of Commons Thursday, Justice Minister Jody Wilson-Raybould said she “looks forward” to reviewing Ambrose’s bill in detail.
“I agree that there is a necessity to ensure that we have confidence in our justice system,” Wilson-Raybouldsaid. “With respect to victims of sexual assault or victims of gender-based violence, they need to be treated with respect and dignity at all stages.”
In a background document released along with her private members’ bill, Ambrose cites a 2014 survey of sexual violence survivors in three Canadian cities, in which two-thirds of participants said they had little confidence in the court process. Only half of survey respondents said they reported their sexual abuse or assault to police themselves or through another individual.
More recently, the case of an Alberta judge who asked a sexual assault complainant why she couldn’t keep her knees together sparked outrage across the country and highlighted the need for more education on the issue within the justice system.
Justice Robin Camp is currently waiting to see if the Canadian Judicial Council will agree with a disciplinary panel's decision and recommend that he be removed from the bench.
The accused in the case was acquitted in a retrial.
