October 30, 2024
Manitoba Government Introduces Bill 41 to Expand Mandatory Training for Prospective Judges and Judicial Justices of the Peace
– – –New Training Would Include Intimate Partner Violence and Experiences of Indigenous and 2SLGBTQIA+ Persons: Wiebe
The Manitoba government has introduced legislation that would expand continuing education requirements for prospective provincial court judges and judicial justices of the peace in areas of intimate partner violence, coercive control and the experiences of Indigenous persons and 2SLGBTQIA+ persons, Justice Minister Matt Wiebe announced today.
“Training in intimate partner violence, coercive control and the experience of Indigenous persons and 2SLGBTQIA+ community would help ensure that everyone feels respected in our justice system,” said Wiebe. “Manitoba would be among the leaders in Canada by requiring continuing education on these topics. I want to thank all the advocates who have worked tirelessly to enact Keira’s Law and acknowledge members of the judiciary who are committed to enhancing judicial education. Our government is dedicated to creating a more just system for all Manitobans.”
Under proposed amendments to the Provincial Court Act, candidates for appointment as provincial court judges would be required to participate in continuing education in three new areas:
- intimate partner violence;
- coercive control in intimate partner and family relationships; and
- the experience of Indigenous persons and 2SLGBTQIA+ persons in the justice system and in society generally.
These would be in addition to current requirements to participate in continuing education on sexual assault law and social context including systemic racism and systemic discrimination.
Currently, the Provincial Court Act does not address continuing education for judicial justices of the peace. With the proposed amendments, judicial justice of the peace candidates would be required to participate in continuing education on the same subjects as provincial court judge candidates. This is important because judicial justices of the peace have jurisdiction to make decisions regarding protection orders, provincial offences and search orders, the minister noted.
The governments of Canada and Ontario have enacted similar legislation known as “Keira’s Law” to ensure judges receive education on domestic violence and coercive control in intimate partner and family relationships.
The Manitoba government’s proposed legislation includes additional requirements, the minister noted, formalizing the requirement of training surrounding the experiences of Indigenous persons and 2SLGBTQIA+ persons in the justice system and in society.
Continuing education seminars may be developed by the chief judge in consultation with affected persons including survivors of sexual assault and intimate partner violence along with persons, groups or organizations that support them. For seminars on social context and community experiences, consultation may include representatives of Indigenous and 2SLQBTQIA+ communities and other communities that have experienced systemic racism and discrimination. This legislation would also ensure funding for these continuing education seminars established by the chief judge does not lapse at the end of the fiscal year, noted Wiebe.
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