'Shocking' comments show Manitoba judicial justices of the peace need domestic violence training, MLA says
CBC News | Posted: October 31, 2017 5:29 PM | Last Updated: November 1, 2017
Nahanni Fontaine has introduced a private member's bill for mandated training of JJPs
Dangerous and "shocking" comments continue to be made by Manitoba judicial justices of the peace who paint women as the causes rather than victims in domestic and sexual assault cases, says MLA Nahanni Fontaine.
The NDP opposition justice critic is pushing for legislation that would require all new judicial justices of the peace to be trained in domestic violence issues before they are allowed to hear applications for protection orders.
"Clearly, if there was ever a case that illustrates the need for additional training and awareness it is the case that has been highlighted [by CBC News] in the last couple of days," she said.
The St. Johns MLA was referring to the case of a woman who was denied a protection order because the justice of the peace did not consider it an emergency, even though the estranged husband was threatening her and had access to weapons.
The JJP acknowledged the woman had taken steps with respect to safety planning herself, and urged her to continue along that path.
Protection orders are "not to be granted to alleviate an unhappy situation or improve a less-than-ideal family situation. It's to be used to provide protection in a real emergency," the JJP ruled in denying her request.
The comments make the woman's situation seem "as if it's just a normal, everyday spouses' fight," Fontaine said. "But here is an individual that has access to a gun. Certainly, that elevates almost immediately the level of protection that we need to offer."
Ignoring that danger suggests it's the woman's actions that could trigger a bad situation, not the man's, Fontaine says.
"It feeds into the narrative that women who are in domestic violence situations somehow are the cause of it and are the problem of it," she said. "The fact of the matter remains that she is not safe. Her ex-husband has access to guns.
"The victim was doing everything that's legally within her means to protect herself, but she's being thwarted and I would argue that it's because of that lack of robust whole education in the nature of what domestic violence is."
Earlier this month, Fontaine introduced a private member's bill for the mandated training to JJPs. It will be debated and voted on later this week.
People in charge of approving or denying protection orders need to be well-versed in Manitoba's Domestic Violence and Stalking Act, she says.
"I'm hoping that the House will support it and that the PC government will support it, but based on questions that I asked [Monday] in question period, the minister of justice responded in what would seem not a very favourable way," Fontaine said.
It feeds into the narrative that women who are in domestic violence situations somehow are the cause of it and are the problem of it. - Nahanni Fontaine
During an exchange in QP with Fontaine, Minister of Justice Heather Stefanson noted that JJPs are subject to regular training and education "on sexual assault, domestic violence, stalking," but it is all done under the purview of the chief justice.
"And we respect the judiciary's independence," she said.
Fontaine says the woman denied the protection order is just one example of judges "using really egregious and, honestly, disgusting narrative" when it comes to women.
CBC News requested an interview with Stefanson about the woman's case but was denied.
In a written statement, a spokesperson for Manitoba Justice said that "The applicant can apply again. Recourse is to reapply, or look for a peace bond or a restraining order. The minister cannot intervene in individual judicial decisions made by independent judicial officers."
In question period on Tuesday, Stefanson told the House Fontaine's bill would go against the independence of the judiciary.
"The judicial independence, Madame Speaker, is a central principle in our constitutional democracy," she said.
"Legislation that [Fontaine] has introduced violates that principle and would likely fail a constitutional challenge."
The minister said the province will work with victim-support organizations to ensure victims are protected.
Behaviour of some judges 'shocking': Fontaine
"A lot of it is very shocking," Fontaine said, citing the most recent example of a judge in Quebec who was presiding over a sexual assault case involving a taxi driver and a 17-year-old girl.
During the trial, Judge Jean-Paul Braun commented on the victim's appearance, saying she was "a bit overweight, but she has a pretty face." He also suggested the girl enjoyed getting attention from a handsome older man.
"Like, you've got to be kidding me. Clearly we can do better in this country for sexual assault victims," Fontaine said, adding the intent of her bill is "to give the tools to the justice system to be able to execute justice in a more wholesome and equitable way."
'Sex was in the air'
In 2011, Manitoba Court of Queen's Bench Justice Robert Dewar sparked controversy for remarks he made during a sexual assault case.
He pointed out the victim and her friend were dressed in tube tops, no bras, and high heels, and noted they were wearing plenty of makeup. Dewar said "sex was in the air" and simply called the man a "clumsy Don Juan" who may have misunderstood what the victim wanted.
Dewar gave the man a two-year conditional sentence, sparing him time in jail. But Manitoba's highest court later overturned the conviction and ordered a new trial.
The man was eventually convicted of sexual assault and given a three-year prison sentence.
Complainant referred to as 'accused'
In 2014, Justice Robin Camp asked a woman during a sexual assault trial in Alberta why she couldn't just keep her knees together.
Throughout the trial, Camp repeatedly asked the 19-year-old complainant why she hadn't fought harder to prevent the attack, and several times referred to her as "the accused."
The woman claimed she was sexually assaulted over a bathroom sink at a Calgary house party. Camp asked why she didn't keep her knees together or sit lower in the sink "so he couldn't penetrate you?"
The accused was acquitted but the decision was later overturned by the Alberta Court of Appeal. He was acquitted once again during the retrial.
Camp later resigned as a member of the Federal Court of Canada.
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