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97 Can. B. Rev. 367 (2019)
Judging Sexual Assault: The Shifting Landscape of Judicial Education in Canada

handle is hein.journals/canbarev97 and id is 367 raw text is: JUDGING SEXUAL ASSAULT: THE SHIFTING LANDSCAPE OF JUDICIAL EDUCATION IN CANADA Rosemary Cairns-Way and Donna Martinson* The authors, a law professor and aformer judge, examine recent events that raise critical questions about judicial education on sexual assault. These include the Inquiry into the conduct of Justice Robin Camp, the consequent unanimous passing by Parliament ofBill C-337, the Judicial Accountability through Sexual Assault Law Training Act, and the institutional response of the Canadian Judicial Council (CJC) to the public outcry and the political response. The article considers the tension between the legitimate call for judicial accountability and the equally legitimate desire to protect judicial independence at a time of increasing public and political awareness of entrenched female inequality and its relationship to male sexual violence. They argue that the judicial education provisions of Bill C-337 reflect this tension and, as a result, are likely to be ineffective if proclaimed in force. While they identify many positive aspects to the CJC response to the Bill, the authors conclude that the CJC's continued insistence that judicial education be controlled, supervised, and implemented by judges is inadequate. They suggest that a respectful, continuous, and dynamic collaboration among judges, legal and other academics, and community members with relevant experience and expertise will contribute to public understanding of the judicial role at the same time as it increases the likelihood that judicial education will enhance women's equal treatment in the nation's courtrooms. Les auteures, une professeure de droit et une ancienne juge, examinent les v nements r&ents qui soulkvent des questions cruciales sur la formation des juges en matikre d'agression sexuelle. Ces questions comprennent un examen de la conduite du juge Robin Camp, l'adoption l'unanimit du projet de loi C-337 par le Parlement, qui s'en est suivie, soit la Loi sur la responsabilit judiciaire par la formation en mati~re de droit relatif I Rosemary Cairns-Way is a full professor in the Faculty of Law, Common Law at the University of Ottawa. She teaches criminal and constitutional law. Her primary research interests center on equality, and in particular, on the infusion of equality values into judicial education, law school pedagogy, professional responsibility and the substantive criminal law. Donna Martinson is a retired judge of the British Columbia Supreme Court now doing volunteer work on equality issues as an Adjunct Professor at Simon Fraser University and a Research Associate with the Peter A. Allard School of Law at the University of British Columbia (UBC). Before becoming a judge in 1991, she practiced criminal law both as Crown counsel and defence counsel and taught criminal law at UBC law school. She dealt with criminal law cases, including sexual assault cases, while a judge of the both the BC Provincial Court and the Supreme Court.

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