1st Session, 43rd Legislature

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Bill 41

THE PROVINCIAL COURT AMENDMENT ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C275 amended

1   The Provincial Court Act is amended by this Act.

2(1)   Subsection 3(2) is amended by adding "and" at the end of clause (b), striking out "and" at the end of clause (c) and repealing clause (d).

2(2)   The following is added after subsection 3(2):

Continuing education undertaking

3(2.1)   To be eligible for appointment as a judge, a person must undertake to participate in continuing education on the following subjects:

(a) sexual assault law;

(b) intimate partner violence;

(c) coercive control in intimate partner and family relationships;

(d) the experiences of Indigenous and 2SLGBTQIA+ persons in the justice system and in society generally;

(e) social context, which includes systemic racism and systemic discrimination;

unless the person has already completed training approved by the Chief Judge on those subjects.

3   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)".

4   Subsection 3.5(1) is amended by striking out "subsection 3(2)" and substituting "subsections 3(2) and (2.1)".

5   Subsection 8(4) is amended by striking out "subsection 3(2)" and substituting "subsections 3(2) and (2.1)".

6   Section 8.1.1 is replaced with the following:

Continuing education

8.1.1(1)   The Chief Judge may establish seminars for the continuing education of judges and judicial justices of the peace, including seminars on the following subjects:

(a) sexual assault law;

(b) intimate partner violence;

(c) coercive control in intimate partner and family relationships;

(d) the experiences of Indigenous and 2SLGBTQIA+ persons in the justice system and in society generally;

(e) social context, which includes systemic racism and systemic discrimination.

Seminars on sexual assault and intimate partner violence

8.1.1(2)   The Chief Judge should ensure that seminars on sexual assault law, intimate partner violence and coercive control in intimate partner and family relationships

(a) are developed after consultation with persons, groups or organizations whom the Chief Judge considers appropriate, such as survivors of sexual assault and intimate partner violence and persons, groups and organizations that support survivors; and

(b) include, when the Chief Judge finds it appropriate,

(i) education regarding myths and stereotypes associated with sexual assault complainants and intimate partner violence, and

(ii) instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings.

Seminars on social context and community experiences

8.1.1(3)   The Chief Judge should ensure that seminars on social context and the experiences of Indigenous and 2SLGBTQIA+ persons are developed after consultation with persons, groups or organizations whom the Chief Judge considers appropriate, such as representatives of Indigenous and 2SLGBTQIA+ communities and other communities that have experienced systemic racism and systemic discrimination.

Reporting

8.1.1(4)   If the Chief Judge establishes a seminar on one of the subjects set out in clauses (1)(a) to (e) in a year, the annual report required under section 11.2 should include the following information:

(a) the title of the seminar and a description of the seminar's content;

(b) the duration of the seminar;

(c) the date on which the seminar was offered;

(d) the number of judges and judicial justices of the peace who attended.

Funding for continuing education does not lapse

8.1.2   Despite The Financial Administration Act and any other Act, any funding provided for continuing education seminars under section 8.1.1 does not lapse at the end of the fiscal year in which the funding was provided.

7   The following is added after subsection 42.3(1):

Continuing education undertaking

42.3(1.1)   To be considered as a qualified candidate, a person must undertake to participate in continuing education on the following subjects:

(a) sexual assault law;

(b) intimate partner violence;

(c) coercive control in intimate partner and family relationships;

(d) the experiences of Indigenous and 2SLGBTQIA+ persons in the justice system and in society generally;

(e) social context, which includes systemic racism and systemic discrimination;

unless the person has already completed training approved by the Chief Judge on those subjects.

Coming into force

8   This Act comes into force on the day it receives royal assent.