3rd Session, 42nd Legislature
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Bill 215
THE PROVINCIAL COURT AMENDMENT ACT (GENDER-BASED VIOLENCE EDUCATION REQUIREMENTS)
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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Provincial Court Act is amended by this Act.
Section 1 is amended by adding the following definitions:
"education in domestic violence law" means education that includes instruction respecting domestic violence and stalking within the meaning of The Domestic Violence and Stalking Act, and myths and stereotypes associated with domestic violence complainants; (« formation sur le droit en matière de violence familiale »)
"education in sexual assault law" means education that includes instruction respecting evidentiary prohibitions, principles of consent, the conduct of sexual assault proceedings, and myths and stereotypes associated with sexual assault complainants; (« formation sur le droit en matière d'agression sexuelle »)
The following is added after subsection 3(2):
Additional qualification — education in sexual assault law
In addition to the qualifications set out under subsection (2), no person shall be appointed a judge unless the person has completed recent and comprehensive education that, in the Chief Judge's opinion, satisfies the requirements of education in sexual assault law.
Subsection 3.4(4) is amended, in the part before clause (a), by striking out "subsection 3(2)" and substituting "subsections 3(2) and (2.1)".
The following is added after subsection 6.5(1):
Education prior to designation
Before being designated as a senior judge, a retired judge must have completed education in sexual assault law.
The following is added after section 8.1:
The Chief Judge must establish a continuing education program for judges and judicial justices of the peace who are designated justices under The Domestic Violence and Stalking Act that, in the Chief Judge's opinion, meets the goals of
(a) maintaining and developing professional competence;
(b) maintaining and developing social awareness; and
(c) imparting and updating knowledge with respect to
(i) education in sexual assault law, in the case of judges, and
(ii) education in domestic violence law, in the case of judicial justices of the peace who are designated justices.
The Chief Judge must publish the program on the court website.
The following is added after clause 11.2(2)(g):
(g.1) with respect to the continuing education program under section 8.1.2,
(i) the title and a description of each educational seminar, its duration, and the dates on which it was offered in the preceding calendar year, and
(ii) the number of judges and judicial justices of the peace who attended each seminar;
The following is added after section 41 and before the centred heading "JUDICIAL JUSTICES OF THE PEACE":
Domestic violence law training for designated justices of the peace
Before a person takes office as a judicial justice of the peace who is a designated justice under The Domestic Violence and Stalking Act, the person must have completed recent and comprehensive education that, in the Chief Judge's opinion, satisfies the requirements of education in domestic violence law.
TRANSITIONAL PROVISIONS
Transitional — education for judicial candidates
Upon the coming into force of subsection 3(2.1) of The Provincial Court Act, as enacted by section 3 of this Act, every candidate on the list of qualified candidates referred to in subsection 3.5(1) of that Act must complete the education required under subsection 3(2.1) within 90 days.
Transitional — education for judicial justice of the peace candidates
Upon the coming into force of section 41.1 of The Provincial Court Act, as enacted by section 8 of this Act, every candidate referred to in subsection 42.3(1) of that Act must complete the education required under section 41.1 within 90 days.
This Act comes into force 60 days after the day it receives royal assent.