Proposed bill calls to expand learning for would-be judges on domestic violence and more

People enter the Law Courts in Winnipeg on Monday, February 5, 2018. (THE CANADIAN PRESS/John Woods)

The Manitoba NDP has introduced legislation aimed at expanding continuing education requirements for prospective provincial court judges and justices of the peace.

The bill proposes amendments to the Provincial Court Act which would require candidates for appointment as provincial court judges to participate in three new areas of continuing education; intimate partner violence; coercive control in intimate partner and family relationships; and the experience of Indigenous and 2SLGBTQIA+ peoples in the justice system and society as a whole.

According to the province, the act does not currently address continued education for judicial justices of the peace, and the proposed amendments would require candidates to participate in the same subjects as provincial court judge candidates.

The bill is based on one originally proposed in April by interim Manitoba Liberal leader Cindy Lamoureux.

The NDP government did not initially support the bill, but has now drawn up its own and has Lamoureux's support.

In developing the bill, Justice Minister Matt Wiebe said they consulted with survivors and the judiciary, and heard concerns about implementation of the bill, in terms of resources and implementation

Conversely, Wiebe said this bill will only strengthen the work the judiciary is doing.

“Importantly what this bill does is it brings additional resources to the judiciary, to ensure they have the resources that they want to implement these important educational opportunities, as well as many others.”

According to the province, continuing education seminars may be developed by the chief judge consultation with affected communities.

The legislation would also ensure funding for these seminars established by the chief judge does not lapse at the end of the fiscal year.

“That money now will be locked in and of course not in the bill, but we’re happy to say that we’re looking at enhancing the education dollars, not just for judges, but for JJPs in our province.”

The federal and Ontario governments have enacted similar legislation, dubbed Keira’s Law in honour of Keira Kagan. The four-year-old was found dead with her father in 2020 in an apparent murder-suicide after being left in his care.

The bill may not pass before the end of the legislature session on Nov. 7, as the Opposition Progressive Conservatives rejected a request to forgo normal time frames and speed the bill through the legislature.

Lamoureux told reporters it is critical that the law is implemented in the province as soon as possible.

“My hope is that all the MLAs through the politics within the building here can pass this legislation. We know Manitoba has one of the highest rates of intimate partner violence, and it’s needed now more than ever.”

Tories 'absolutely open' to negotiations

The Progressive Conservatives said they were not shown the bill before being asked to allow it to skip the normal debate time frame in the legislature chamber. Party house leader Derek Johnson said the NDP had months to pass Lamoureux's original bill and did not.

Johnson said the Tories will talk with the other parties.

"We're absolutely open to negotiations," Johnson said.

- With files from the Canadian Press