Manitoba Hansard — 42 3 b215e.php

42-3 b215e.php

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Home → Legislative Business → Bills → 42-3

Status of bills in this Session.

3rd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 215

THE PROVINCIAL COURT AMENDMENT ACT (GENDER-BASED VIOLENCE EDUCATION REQUIREMENTS)

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

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

The Provincial Court Act is amended by this Act.

Section 1 is amended by adding the following

definitions:

"education in domestic violence law" means education that includes instruction respecting domestic violence and stalking within the meaning of The Domestic Violence and Stalking Act , and myths and stereotypes associated with domestic violence complainants; (« formation sur le droit en matière de violence familiale »)

"education in sexual assault law" means education that includes instruction respecting evidentiary prohibitions, principles of consent, the conduct of sexual assault proceedings, and myths and stereotypes associated with sexual assault complainants; (« formation sur le droit en matière d'agression sexuelle »)

The following is added after subsection 3(2):

Additional qualification — education in sexual assault law

3(2.1)

In addition to the qualifications set out under subsection (2), no person shall be appointed a judge unless the person has completed recent and comprehensive education that, in the Chief Judge's opinion, satisfies the requirements of education in sexual assault law.

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) ".

The following is added after subsection 6.5(1):

Education prior to designation

6.5(1.1)

Before being designated as a senior judge, a retired judge must have completed education in sexual assault law.

The following is added after

section 8.1:

Continuing education program

8.1.2

The Chief Judge must establish a continuing education program for judges and judicial justices of the peace who are designated justices under The Domestic Violence and Stalking Act that, in the Chief Judge's opinion, meets the goals of

(

a) maintaining and developing professional competence;

(

b) maintaining and developing social awareness; and

(

c) imparting and updating knowledge with respect to

(

i) education in sexual assault law, in the case of judges, and

(ii) education in domestic violence law, in the case of judicial justices of the peace who are designated justices.

Program to be made public

8.1.3

The Chief Judge must publish the program on the court website.

The following is added after clause 11.2(2)(g):

(g.1) with respect to the continuing education program under

section 8.1.2,

(

i) the title and a description of each educational seminar, its duration, and the dates on which it was offered in the preceding calendar year, and

(ii) the number of judges and judicial justices of the peace who attended each seminar;

The following is added after

section 41 and before the centred heading " JUDICIAL JUSTICES OF THE PEACE ":

Domestic violence law training for designated justices of the peace

41.1

Before a person takes office as a judicial justice of the peace who is a designated justice under The Domestic Violence and Stalking Act , the person must have completed recent and comprehensive education that, in the Chief Judge's opinion, satisfies the requirements of education in domestic violence law.

TRANSITIONAL PROVISIONS

Transitional — education for judicial candidates

Upon the coming into force of subsection 3(2.1) of The Provincial Court Act , as enacted by

section 3 of this Act, every candidate on the list of qualified candidates referred to in subsection 3.5(1) of that Act must complete the education required under subsection 3(2.1) within 90 days.

Transitional — education for judicial justice of the peace candidates

Upon the coming into force of

section 41.1 of The Provincial Court Act , as enacted by

section 8 of this Act, every candidate referred to in subsection 42.3(1) of that Act must complete the education required under

section 41.1 within 90 days.

COMING INTO FORCE

This Act comes into force 60 days after the day it receives royal assent.

Explanatory Note

This Bill amends The Provincial Court Act to require judicial candidates to complete education in sexual assault law. Candidates for appointment as judicial justices of the peace must complete education in domestic violence law.

This Bill also requires the Chief Judge to establish and implement a continuing education program for judges and judicial justices of the peace. The program must be made public.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-3 b215e.php
Type	bill
Volume / chapter	42 3 b215e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	8287da1f8b2648a70e8b97430d7c820221182e81

Source file is stored in the law ingest library (html).