Association points out pitfalls in bill on judicial education

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Concerns about funding, workload and government interference have been raised about proposed legislation to expand continuing education for provincial court judges in Manitoba.

Bill 2, which is known as “Keira’s Law,” would require provincial court judges and judicial justice of the peace candidates to take education about intimate partner violence, coercive control in intimate partner and family relationships, and the experiences of Indigenous people and LGBTTQ+ people.

The legislation is named in honour of Keira Kagan, a four-year-old who was found dead next to her father’s body at the base of an Ontario cliff in 2020. Her father had been granted access to Keira even though 53 court orders had been issued against him for violent and unpredictable behaviour. Keira’s Law came into force at the federal level and in Ontario in 2023.

Similar private member’s bills in Manitoba have been introduced but never became law.

The government bill is expected to be proclaimed by the summer. The public had a chance to weigh in on it at a legislature committee meeting last week, where the Provincial Judges’ Association of Manitoba expressed concerns about it.

While judges recognize the trauma and challenges faced by victims, and support judicial education, their education budget has been frozen at $40,000 a year since 2005, association counsel Susan Dawes told the committee.

“If this legislature wishes to support judicial education, it needs to restore the amount of this education budget to an appropriate level and ensure increases on the go-forward to account for inflation,” Dawes said. Provincial courts are already busy and if the government adds to their workload, more judges may be needed, she said.

“Time spent on judicial education means judges are not in a courtroom,” Dawes said. “That means fewer cases heard.”

She said there must be an adequate number of judges to ensure that education doesn’t hurt the administration of justice.

“The judiciary already receives education in the areas identified, whether through seminars put on by the court itself, or through the high-quality judicial education offered by organizations such as the National Judicial Institute,” Dawes told the committee.

Justice Minister Matt Wiebe said Tuesday the legislation will build public confidence in the justice system.

“By ensuring that those in decision-making positions have the awareness that they need, not only about sexual assault law and intimate partner violence and coercive control, but also understanding the experiences of the Indigenous and 2SLGBTQIA+ persons in the justice system, I think this really will help to build that trust in our society and in our justice system,” the minister said

The province is working to ensure that judges have the necessary resources after years of cuts under the former Tory government, Wiebe said.

They’ve reduced court clerk vacancies in Winnipeg by 85 per cent, while staffing up Crown attorneys, he said.

“With regards to judges, we’ve been prompt in filling judge vacancies, which I think is an important story to tell, as well,” Wiebe said.

As for annual education funding, the minister said unused amounts will no longer lapse but be carried over to the next year.

The Progressive Conservatives say they support Keira’s Law, but question the NDP government adding more courses to the list, including the experiences of Indigenous and LGBTTQ+ people.

“My concern is what’s next?” PC justice critic Wayne Balcaen said Tuesday. “Are they going to introduce more laws and really have legislative interference in what should be judicial independence?”

The former Brandon police chief said there should be added resources for expanded judicial education, and to address the need for more judges “to compensate for the time that they’re away doing this education.”

“This is just another example of taking time away from the courtroom,” he said.

carol.sanders@freepress.mb.ca