P.E.I. could become the first jurisdiction in Canada to require incoming judges to receive sexual assault training, if a private member’s bill is passed by the legislature this session.
A bill due to be introduced this afternoon by PC MLA Jamie Fox will require lawyers who are appointed as judges or justices of the peace, as well as retired judges presiding over current cases, to receive sexual assault training. The bill, similar to another bill introduced federally by the Conservative Party of Canada, is currently awaiting a vote by the Senate.
Fox said he has consulted with a number of women’s organizations, as well as members of P.E.I.’s tight-knit legal community. The response has mostly been positive.
"We understand the independence of the legislative branch and the judiciary. This bill, we're quite confident, ensures that this principle under the constitution is kept in mind," Fox said.
Fox said cases in other jurisdictions have raised concerns about stigmas and myths related to sexual assault. Some have claimed these attitudes have discouraged victims from pursuing legal action against perpetrators.
"There are stakeholders who have expressed concern with the actual ideal of reporting a sexual assault to an agency or to the police. We have a system that is being questioned by some people,” Fox said.
The House of Commons passed a similar bill, introduced by former Conservative Party Leader Rona Ambrose, in May of 2017. The bill has yet to be passed by the Senate.
Ambrose will be in Charlottetown today to speak to Fox’s private members bill.
In an interview from Ottawa, Ambrose said the legal system often plays a role in revictimizing women who have experienced rape or sexual assault.
She said stigmas about sexual assault often play out in the legal system.
“People bring their unconscious biases to their job. We all do it. Well, judges do it too,” Ambrose said. “There’s a lot of really good training that helps people understand what that looks like, so we don’t have comments from judges like ‘well why didn’t you just keep your legs closed’ or ‘why did you wear that short skirt to the bar that night’.”
Ambrose’s statement referred to a notable case, involving Federal Court Judge Robin Camp, who questioned why sexual assault complainants could not “keep (their) knees together.”
She said rape mythology and stereotypes have resulted in victim-blaming attitudes, even from influential judges. Also, Ambrose said sexual assault cases are often complex matters that could require specialized legal training.
Both Fox and Ambrose noted that indigenous women are far more likely to experience sexual violence and rape than non-indigenous Canadians.
Both said they were confident the bill would be well-received in the legislature.
“I’m very hopeful that P.E.I. will do the right thing,” Ambrose said.
