EXPLANATORY NOTE

The Bill amends the Courts of Justice Act to require candidates for appointment as provincial judges to have completed education or training in the law of sexual assault that meets the criteria established by the Judicial Appointments Advisory Committee.

Bill 121 2017

An Act to amend the Courts of Justice Act to require candidates for appointment as provincial judges to have completed education or training in the law of sexual assault

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Section 42 of the Courts of Justice Act is amended by adding the following subsection:

Same

(2.1)  In addition to the qualifications set out in subsection (2), no person shall be appointed as a provincial judge unless he or she has completed the education or training described in clause 43 (10) (b).

2 Subsection 43 (10) of the Act is repealed and the following substituted:

Qualification

(10)  A candidate shall not be considered by the Committee unless he or she,

  (a)  has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar; and

  (b)  has completed comprehensive education or training in the law of sexual assault that meets criteria established by the Committee with respect to each of the following:

           (i)  The law of evidence as it pertains to sexual assault proceedings.

          (ii)  The principles of consent to sexual activity.

         (iii)  The conduct of sexual assault proceedings.

         (iv)  Myths and stereotypes associated with sexual assault complainants.

Commencement

3 This Act comes into force on the day it receives Royal Assent.

Short title

4 The short title of this Act is the Courts of Justice Amendment Act (Judicial Sexual Assault Education), 2017.