OTTAWA — The Canadian Judicial Council is worried that judicial independence will be compromised if the federal government passes a law requiring new judges to commit to taking training in sexual assault law.
J. Michael MacDonald, the interim executive director of the council, is urging the government to make what he calls “minor” amendments to Bill C-5 to make it clear that it’s entirely up to the judiciary to decide what kind of education and training judges should have.
He says the council, which provides judges with education programs, sets ethical principles and hears complaints about judicial conduct, supports the goal of the bill to ensure judges treat sexual-assault victims fairly and sensitively.
But he says requiring newly appointed judges to commit to taking sexual-assault law training and requiring the council to provide such training is an erosion of judicial independence.
If the judiciary does not stand up now and resist being told how judges should be educated, MacDonald says it would be harder to stop more controversial directives from governments in future.
He is proposing that the wording of the bill be changed to say judges “should” get training in sexual-assault law, rather than “must” or “shall.”
This report by The Canadian Press was first published March 10, 2020.
The Canadian Press
The Canadian Press
