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FederalDid not become law (session ended)43rd Parliament, 1st Session

Bill C-5 explained in plain English

An Act to amend the Judges Act and the Criminal Code

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 1st Session
Bill number
Bill C-5
Full title
An Act to amend the Judges Act and the Criminal Code
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the House of Commons
Last updated
Feb 19, 2020

Official Parliament of Canada snapshot for 43rd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At consideration in committee in the House of Commons
Latest Activity
Feb 19, 2020
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-5 amends the Judges Act to require judges to undertake continuing education on sexual assault law as a condition of appointment and to establish reporting on such seminars, and amends the Criminal Code to require judges to provide written reasons for their decisions in sexual assault and related proceedings.

What It Means

Bill C-5 makes three main changes to federal law: 1. **Judges must commit to sexual assault education:** Anyone being appointed as a judge of a superior court must agree to participate in continuing education about sexual assault law and social context, including attending seminars set up by the Canadian Judicial Council. 2. **Seminars must be properly designed:** The Canadian Judicial Council must ensure that sexual assault law seminars are developed in consultation with sexual assault survivors and support organizations, and must cover evidence rules, consent principles, how sexual assault proceedings work, and debunk myths and stereotypes about sexual assault complainants. 3. **Reports on seminars:** The Canadian Judicial Council must submit a report to the Minister of Justice within 60 days after each calendar year ends, listing the sexual assault law seminars offered that year, their content and dates, and how many judges attended. The Minister must table these reports in Parliament. 4. **Written reasons for decisions:** In sexual assault and related criminal proceedings heard by a judge alone (not a jury), the judge must provide written reasons explaining why they acquitted, convicted, discharged, found not criminally responsible, or found the accused unfit to stand trial. This applies to charges under specific sections of the Criminal Code dealing with sexual offences and assault (sections 151, 152, 153, 153.1, 155, 160(2)-(3), 170, 171, 172, 173, 271, 272, 273), including for historical offences where the conduct would be an offence under current law.

What This Bill Does
  • Requires judges being appointed to superior courts to undertake continuing education on sexual assault law and social context, and to attend seminars on these topics
  • Directs the Canadian Judicial Council to establish seminars on sexual assault law that must be developed in consultation with sexual assault survivors and support organizations
  • Requires seminars to include instruction on evidence rules, consent principles, conduct of sexual assault proceedings, and education on myths and stereotypes about sexual assault complainants
  • Requires the Canadian Judicial Council to report annually to the Minister of Justice on sexual assault law seminars offered, including their titles, descriptions, duration, dates, and attendance numbers
  • Requires the Minister to table these reports in both Houses of Parliament within 10 sitting days of receiving them
  • Requires judges to provide written reasons for their decisions in sexual assault and related criminal proceedings, including acquittals, convictions, discharges, findings of not criminally responsible on account of mental disorder, and findings of unfitness to stand trial
  • Makes the requirement for written reasons apply only to proceedings heard by a judge without a jury
  • Applies the written reasons requirement to charges under sections 151, 152, 153, 153.1, 155, 160(2)-(3), 170, 171, 172, 173, 271, 272, and 273 of the Criminal Code
Who Is Affected
  • People being appointed as judges to superior courts in any province, who will be required to commit to continuing education on sexual assault law and social context
  • The Canadian Judicial Council, which must establish and design seminars on sexual assault law in consultation with survivors and support organizations, and must report annually on these seminars
  • Federally appointed judges, who will be required to attend seminars on sexual assault law and social context
  • Sexual assault survivors and organizations that support them, who will be consulted by the Canadian Judicial Council in developing seminars
  • Judges hearing sexual assault cases without a jury, who will be required to provide written reasons for their decisions
  • Parties in sexual assault criminal proceedings (accused persons, prosecutors, and complainants), whose cases will be subject to written judicial reasons
  • The Minister of Justice, who will receive reports from the Canadian Judicial Council and must table them in Parliament
  • Parliament, which will receive reports on judicial education seminars related to sexual assault law
Rights, Duties, Or Obligations
  • Judges being appointed must undertake to participate in continuing education on sexual assault law and social context
  • The Canadian Judicial Council must establish seminars on sexual assault law and social context
  • The Canadian Judicial Council must consult with sexual assault survivors and support organizations when developing seminars
  • Seminars must include instruction on evidentiary prohibitions, consent principles, conduct of sexual assault proceedings, and myths and stereotypes about complainants
  • The Canadian Judicial Council must report annually to the Minister on seminars offered and judge attendance
  • Judges in sexual assault proceedings without a jury must provide written reasons for acquittals, convictions, discharges, findings of not criminally responsible on account of mental disorder, and findings of unfitness to stand trial
  • Reasons must be entered in the record of proceedings or, if not recorded, provided in writing
Important Dates
  • The bill specifies that section 278.98(1) of the Criminal Code applies on the day the section comes into force
  • Section 278.98(2) applies to proceedings for historical offences (as they existed before the commencement date) if the conduct would be an offence under current law
  • The Canadian Judicial Council must submit annual reports within 60 days after the end of each calendar year
  • The Minister of Justice must table reports in Parliament within 10 sitting days of receiving them
  • The bill does not specify a commencement date in the provided text
Financial Or Tax Impacts
  • The bill does not specify the cost of developing and delivering the required seminars on sexual assault law and social context
  • The bill does not specify whether attendance at seminars will be mandatory or voluntary for sitting judges, only that judicial appointees must undertake to participate
  • The bill does not provide details on funding for the Canadian Judicial Council's expanded seminar obligations
Enforcement Or Penalties
  • The bill does not specify penalties or enforcement mechanisms for judges who fail to comply with the requirement to provide written reasons in sexual assault proceedings
  • The bill does not specify penalties for judges who fail to undertake the required continuing education
  • The bill does not specify what happens if a judge refuses to commit to continuing education on sexual assault law as a condition of appointment
Uncertainties Or Limits
  • The bill does not specify a date when the amendments come into force
  • The bill does not define what 'social context' means in relation to sexual assault law education
  • The bill does not specify the format, length, or frequency of seminars on sexual assault law
  • The bill does not clarify whether sitting judges (not being newly appointed) are required to attend the seminars, or only judicial appointees
  • The bill does not specify what happens if the Canadian Judicial Council fails to comply with the consultation and content requirements for seminars
  • The bill does not provide details on what 'myths and stereotypes associated with sexual assault complainants' specifically includes
  • The bill does not clarify whether written reasons must address all aspects of a case or specific questions
  • The bill does not specify whether the requirement for written reasons applies only to criminal proceedings or could apply to other cases heard by the judge
  • The bill does not define 'judge' for purposes of the seminar requirement or attendance reporting
Laws Or Regulations Affected
Judges Act, section 3
amended

Section 3 is changed to add a new requirement that anyone eligible for appointment as a superior court judge must undertake to participate in continuing education on sexual assault law and social context, including attending seminars set up by the Canadian Judicial Council.

Source: Clause 1(2), paragraphs 3(a) and (b)

Judges Act, section 60(2)(b)
amended

The section authorizing the Canadian Judicial Council to establish seminars for judges' continuing education is updated to specifically mention seminars on sexual assault law and social context.

Source: Clause 2(1)

Judges Act, section 60, subsection (3)
added

A new subsection is added requiring that sexual assault law seminars be developed in consultation with sexual assault survivors and support organizations, and must cover evidentiary prohibitions, consent principles, sexual assault proceedings conduct, and myths and stereotypes about complainants.

Source: Clause 2(2)

Judges Act, section 62.1
added

A new section is added requiring the Canadian Judicial Council to report annually to the Minister of Justice on sexual assault law seminars offered, with details on seminar content, duration, dates, and judge attendance numbers. The Minister must table these reports in Parliament.

Source: Clause 3

Criminal Code, section 278.98
added

A new section is added requiring judges to provide written reasons for decisions in sexual assault and related criminal proceedings heard without a jury. This applies to offences under sections 151, 152, 153, 153.1, 155, 160(2)-(3), 170, 171, 172, 173, 271, 272, and 273, and also to historical versions of these offences.

Source: Clause 4

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 4 February 2020, the Minister of Justice and Attorney General of Canada introduced Bill C-5, An Act to amend the Judges Act and the Criminal Code, in the House of Commons and it was given first reading. Bill C-5 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 require that the Canadian Judicial Council report on seminars offered for the continuing education of judges on matters related to sexual assault law. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

This record indicates that Bill C-5 has passed first and second reading in the House of Commons, been referred to committee, and had its first reading in the Senate, but has not yet reached the 'Senate First reading' stage.

Step 2
Second reading
Not reached yet
Not reached

This artifact indicates that the Senate has not yet reached the Second Reading stage for Bill C-5, which has already completed Second Reading and committee stages in the House of Commons.

Step 3
Third reading
Not reached yet
Not reached

Bill C-5 has not yet reached the Third Reading stage in the Senate, with its most recent procedural activity being in the House of Commons.

Step 1
First reading
Feb 4, 2020
Completed

Bill C-5 underwent its first reading in the House of Commons on February 4, 2020, a procedural step before further debate and committee review.

Introduction and first reading, Feb 4, 2020
End of stage activity, Feb 4, 2020
Chamber sittings
Introduction and first reading - Feb 4, 2020

On February 4, 2020, Bill C-5, an Act to amend the Judges Act and the Criminal Code, was introduced and given first reading in the House of Commons.

Step 2
Second reading
Feb 19, 2020
Completed

The House of Commons completed second reading of Bill C-5 on February 19, 2020, and referred it to a committee.

Second reading and referral to committee, Feb 19, 2020
End of stage activity, Feb 19, 2020
Chamber sittings
Debate at second reading - Feb 19, 2020

The House of Commons debated and referred Bill C-5, which aims to enhance judicial training and transparency in sexual assault cases, to committee, following extensive discussion on unrelated national issues and routine parliamentary business.

During the second reading debate on Bill C-5 in the House of Commons, Members of Parliament discussed proposed amendments to the Judges Act and Criminal Code that would mandate sexual assault law and social context training for judges, aiming to improve fairness and transparency in the justice system for survivors.

During the second reading debate of Bill C-5, Members of Parliament discussed proposed amendments to the Judges Act and Criminal Code aimed at enhancing judicial training on sexual assault cases, with broad support expressed for the bill's intent.

In a debate on Bill C-5, Members of Parliament broadly supported the measure to mandate sexual assault law and social context training for judges, aiming to enhance survivors' trust in the justice system.

Parliamentarians debated Bill C-5 at second reading, focusing on mandatory training for judges in sexual assault law and social context, and requiring written reasons for decisions in these cases, before referring the bill to committee.

Step 3
Consideration in committee
Mar 12, 2020
Not completed

Bill C-5 proceeded to House of Commons committee consideration on March 10 and 12, 2020, but this stage was not completed, following its second reading on February 19, 2020.

Step 4
Report stage
Not reached yet
Not reached

Bill C-5, concerning amendments to the Judges Act and Criminal Code, has reached the Report stage in the House of Commons, with its latest procedural step being referral to committee after second reading.

Step 5
Third reading
Not reached yet
Not reached

The Third Reading stage for Bill C-5 in the House of Commons has not yet occurred, with the bill's latest procedural step being its referral to committee after second reading.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
David Lametti
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced