Bill proposes sexual assault training for new Manitoba provincial court judges

Anybody pursuing a judicial appointment to Manitoba's provincial court will be asked to take training on sexual assault law, if new legislation before the provincial legislature is passed.

The Progressive Conservative government is pushing for new provincial court judges to participate in continuing education on sexual assault law and the surrounding social context, which includes systemic racism and systemic discrimination. They may also attend related seminars.

After tabling the legislation on Tuesday at the Manitoba legislature, Justice Minister Cameron Friesen said the proposed changes to the Provincial Court Act would "increase public confidence in the justice system."

As well, the legislation would require the chief judge to reveal, in an annual report, how many of the judges participated in the seminars they run.

Manitoba is following the lead of the federal government in requiring new judges to undergo training on sexual assault and systemic racism in order to be appointed to the provincial court.

Judicial training on sexual assault law and social context has been required for candidates for appointments to the Court of Appeal and the Court of Queen's Bench since federal legislation that was passed in May, the province noted in a Tuesday news release.

That law also amended the Criminal Code to require federally appointed judges to put their reasons on the record or in writing when they rule on sexual assault cases.

In Manitoba, the majority of sexual assault cases are addressed in the provincial court, the province's news release said.

Judges called out

The federal legislation came after a series of high-profile cases revealed many judges adhere to archaic stereotypes about women who are subjected to sexual violence.

In one case, former Federal Court judge Robin Camp came under fire for comments he made during a 2014 sexual assault trial in Calgary.

He told the complainant, a young woman, that "pain and sex sometimes go together" and asked, "Why couldn't you just keep your knees together?"

In Manitoba, the NDP and Liberals recently brought forward legislation to enact sexual assault training, but their bills never passed.

Responding to the government's legislation, NDP justice critic Nahanni Fontaine and Liberal Leader Dougald Lamont both said they want to ensure the training becomes mandatory, as it is unclear in the present wording.

The proposed bill states that no one shall be appointed a judge unless the person "undertakes to participate" in such training.

The bill also notes that seminars would include information on consent and the conduct of sexual assault proceedings, as well as education regarding the "myths and stereotypes associated with sexual assault complainants."

If it passes, the legislation authorizes Court of Appeal judges to meet with the parties involved and try to settle issues in dispute before the hearing is heard.

The judicial appointment committee will also be required to provide an evaluation and summary for each candidate under consideration.