Manitoba Hansard — 41 2 b227e.php

41-2 b227e.php

Manitoba — Debates (Hansard)

Search the Bills

Current Session:

43 - 3 (2025-

Past Sessions:

43rd Legislature

43 - 2 (2024-2025)

43 - 1 (2023-2024)

42nd Legislature

42 - 5 (2022-2023)

42 - 4 (2021-2022)

42 - 3 (2020-2021)

42 - 2 (2019-2020)

42 - 1 (2019)

41st Legislature

41 - 4 (2018-2019)

41 - 3 (2017-2018)

41 - 2 (2016-2017)

41 - 1 (2016)

40th Legislature

40 - 5 (2015-2016)

40 - 4 (2014-2015)

40 - 3 (2013-2014)

40 - 2 (2012-2013)

40 - 1 (2011-2012)

39th Legislature

39 - 5 (2010-2011)

39 - 4 (2009-2010)

39 - 3 (2008-2009)

39 - 2 (2007-2008)

39 - 1 (2007)

38th Legislature

38 - 5 (2006-2007)

38 - 4 (2005-2006)

38 - 3 (2004-2005)

38 - 2 (2003-2004)

38 - 1 (2003)

37th Legislature

37 - 4 (2002-2003)

37 - 3 (2001-2002)

37 - 2 (2000-2001)

37 - 1 (1999-2000)

Home → Legislative Business → Bills → 41-2

Status of bills in this Session.

2nd Session, 41st 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 227

THE PROVINCIAL COURT AMENDMENT ACT (MANDATORY TRAINING AND CONTINUING EDUCATION)

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.

The following is added after

section 4 and before the centred heading " RESIGNATION ":

MANDATORY AWARENESS TRAINING

Sexual assault awareness training

4.1(1)

Within 90 days of taking office, a judge must participate in a course that, in the opinion of the Chief Judge, provides adequate training on the subjects of

(

a) sexual assault law, including

(

i) evidentiary prohibitions,

(ii) the principles of consent, and

(iii) the conduct of trials involving allegations of sexual assault; and

(

b) the myths and stereotypes associated with sexual assault complainants.

No hearing of sexual assault cases until training completed

4.1(2)

A judge must not hear any matter with respect to a trial involving allegations of sexual assault — including interlocutory pre-trial matters — until he or she has participated in the course required by subsection (1).

The following is added after

section 8.1:

Continuing education plan

8.1.1(1)

The Chief Judge must establish and submit to the council for approval a continuing education plan for judges and judicial justices of the peace that, in the opinion of the Chief Judge, meets the goals of

(

a) maintaining and developing professional competence;

(

b) maintaining and developing social awareness; and

(

c) imparting, updating and refreshing knowledge with respect to

(

i) in the case of a judge, the subjects set out in subsection 4.1(1), and

(ii) in the case of a designated justice of the peace as defined in The Domestic Violence and Stalking Act , the subjects set out in subsection 41.1(1).

Review and approval by council

8.1.1(2)

The council must review a plan submitted to it under subsection (1) or resubmitted to it under subsection (3) and

(

a) approve the plan as submitted or resubmitted;

(

b) approve the plan with required amendments; or

(

c) refer the plan back to the Chief Judge for resubmission, with any directions the council considers appropriate.

Resubmission of plan

8.1.1(3)

If the council refers a plan back to the Chief Judge for resubmission under clause (2)(c), the Chief Judge must revise the plan in accordance with the directions of the council and resubmit the plan to the council.

Plan to be implemented and made public

8.1.1(4)

If the council approves a plan under clause (2)(

a) or (b), the Chief Judge must

(

a) implement the plan as approved by the council; and

(

b) cause the plan to be published on the court's website.

Subsection 37(1) is amended by adding " and to discharge any other responsibilities assigned to it under this Act " at the end.

The following is added after

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

MANDATORY AWARENESS TRAINING

Awareness training for designated justices of the peace

41.1(1)

Within 90 days of taking office, a designated justice of the peace as defined in The Domestic Violence and Stalking Act must participate in a course that, in the opinion of the Chief Judge, provides adequate training on the subjects of

(

a) domestic violence and stalking within the meaning of The Domestic Violence and Stalking Act ; and

(

b) the myths and stereotypes associated with sexual assault complainants.

No hearing of protection order applications until training completed

41.1(2)

A designated justice of the peace must not hear an application for a protection order under The Domestic Violence and Stalking Act until he or she has participated in the course required by subsection (1).

TRANSITIONAL AMENDMENTS AND COMING INTO FORCE

Transitional — training for current judges

6(1)

Within six months of the coming into force of

section 4.1 of The Provincial Court Act , as enacted by

section 2 of this Act, every judge who took office before the coming into force of this Act must participate in the course required under

section 4.1.

Transitional — hearing of sexual assault cases

6(2)

Any judge who has not participated in the required course on sexual assault awareness by the deadline set out in subsection (1) must not hear any matter with respect to a trial involving allegations of sexual assault — including interlocutory pre-trial matters — after that time, until the course has been completed.

Transitional — application to current designated justices of the peace

7(1)

Within six months of the coming into force of

section 41.1 of The Provincial Court Act , as enacted by

section 5 of this Act, every justice of the peace who is a designated justice of the peace within the meaning of The Domestic Violence and Stalking Act when this Act comes into force must participate in the course required under

section 41.1.

Transitional — hearing of protection order applications

7(2)

Any designated justice of the peace who has not participated in the required course on domestic violence and stalking awareness by the deadline set out in subsection (1) must not hear an application for a protection order under The Domestic Violence and Stalking Act after that time, until the course has been completed.

Coming into force

This Act comes into force 90 days after the day it receives royal assent.

Explanatory Note

This Bill amends The Provincial Court Act to require a judge to have training in sexual assault awareness. A justice of the peace who hears applications for protection orders related to domestic violence and stalking must receive similar training.

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 reviewed and approved by the Judicial Council.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	41-2 b227e.php
Type	bill
Volume / chapter	41 2 b227e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	d1b58711ea6e00258d1b3009ca5c8ab5291035c2

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