Alberta Premier Jason Kenney. (Government of Alberta)

By rdnewsNOW Staff

Bill 14

Province announces bill to enhance sexual assault law education for judges

Mar 30, 2022 | 4:29 PM

The Alberta government has introduced legislation requiring individuals applying to be a provincial court judge to complete sexual assault law and social context issues education before they are eligible to be appointed.

If passed, Bill 14, the Provincial Court Amendment Act, would be expected to reduce the risk of victims of sexual violence being revictimized during trials. It would also help ensure that all people who come into the courtroom are treated respectfully and fairly.

Officials say it would also foster public confidence in the administration of justice, encouraging more reporting of sexual assaults and potentially greater engagement in the justice system by Indigenous Peoples, minorities and vulnerable populations.

“Any modern justice system has a responsibility to make sure it keeps pace with the times. This includes bolstering an understanding of how sexual violence operates, how it affects victims, and how courtrooms can be a safer environment for victims,” said Premier Jason Kenney, on Wednesday. “Bill 14, if passed, will help support and protect vulnerable Albertans.”

“This training will support victims of sexual assault,” stated Tyler Shandro, Minister of Justice and Solicitor General. “Instead of being revictimized, we need to make sure victims are treated with respect and dignity in the pursuit of justice. Sexual assault law education for incoming judges will help do that by improving and building confidence in the justice system.”

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“All Albertans deserve a justice system that is unbiased, effective, fair and respectful,” added Whitney Issik, Associate Minister of Status of Women. “Sexual assault law and social context issues education for provincial court candidates will help dispel discredited stereotypical thinking and provide candidates with the knowledge, awareness and skills to avoid being influenced by attitudes based on stereotypes or prejudice.”

“One in three women in Canada have experienced sexual assault but only one in 10 will ever report it to the police because they say ‘they have no faith in the courts,” said Rona Ambrose, deputy chair, TD Securities, and former leader of the Conservative Party of Canada. “Ensuring that lawyers who want to become judges take sexual assault law training helps build confidence in our justice system. Not only will this training ensure judges apply this complex area of criminal law fairly and without error, judges will understand how to manage their courtrooms to ensure the use of rape mythology, which is not allowed under the law, does not happen.”

“Sexual assault survivors deserve to know that the judges who oversee their cases are fully educated in sexual assault law and aren’t going to make mistakes and cause long-lasting damage and further trauma,” continued Ambrose. “Let’s hope this small, yet meaningful step, encourages more women to come forward and seek justice.”

Alberta government Quick facts

• The governments of Canada and Prince Edward Island require candidates to agree to take education in sexual assault law and social context issues to be eligible for judicial appointment.
• Similar legislation is currently before Manitoba’s legislature.

Irfan Sabir, NDP Critic for Justice, and Janis Irwin, NDP Critic for Women and LGBTQ2S+ Issues, made the following statements in response to Bill 14:

“I am supportive of the decision to mandate sexual awareness training for judges in Alberta,” Sabir said. “I hope that this legislation will follow the process laid out in the similar federal legislation, with the training overseen and implemented by independent professional bodies, developed in consultation with sexual assault survivors and organizations.

“Properly implemented training will lead to better support for individuals who have experienced sexual violence and made the difficult decision to come forward.”

“It takes tremendous strength and courage for survivors of sexual violence to work through the traumatic events they’ve experienced, and it takes even more to relive that experience when navigating the justice system,” Irwin said.

“This is a positive step towards making courtrooms a safer environment for survivors of sexual assault. It is important to recognize the challenges facing those who have experienced sexual violence, and to avoid causing additional or complex trauma by revictimizing these individuals. I hope that this begins a process where survivors will feel safer within the legal system, while also avoiding the use of rape mythology that can cause harm not only to individuals within the court system, but society as a whole.

I will also continue to call for the UCP to take responsibility for the harm they are causing to survivors with their changes to the Victims of Crime Fund. The UCP is denying survivors access to support from this fund. This is unconscionable and must be reversed.”