1st Session, 43rd Legislature

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Bill 209

THE PROVINCIAL COURT AMENDMENT ACT (EXPANDED TRAINING FOR JUDGES AND JUDICIAL JUSTICES OF THE PEACE)

(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)   Clause 3(2)(d) is replaced with the following:

(d) undertakes to participate in continuing education on the subjects set out in subsection (2.1), including by attending seminars that may be established under section 8.1.1, unless the person has already completed training approved by the Chief Judge on those subjects.

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

Subjects of continuing education

3(2.1)   The subjects of continuing education are

(a) sexual assault law;

(b) intimate partner violence;

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

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

3(1)   Subsection 8.1.1(1) is amended

(a) by adding "and judicial justices of the peace" after "judges"; and

(b) by striking out "matters related to sexual assault law" and substituting "sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships".

3(2)   Subsection 8.1.1(2) is replaced with the following:

Development of seminars

8.1.1(2)   The Chief Judge should ensure that seminars established under subsection (1)

(a) are developed after consultation with persons, groups or organizations whom the Chief Judge considers appropriate, including Indigenous leaders and representatives of Indigenous communities, survivors of sexual assault, survivors of 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.

3(3)   Subsection 8.1.1(3) is amended, in the part before clause (a), by striking out "matters related to sexual assault law" and substituting "sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships".

4   The following is added after section 40:

Continuing education required for judicial justices of the peace

40.1(1)   A person must not be appointed as a judicial justice of the peace unless the person undertakes 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) social context, which includes systemic racism and systemic discrimination.

Exception

40.1(2)   Subsection (1) does not apply to a person who has already completed training approved by the Chief Judge on the subjects referred to in that subsection.

Coming into force

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