Ambrose wants Manitoba judges educated on sexual assault

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This article was published 06/11/2017 (2911 days ago), so information in it may no longer be current.

OTTAWA — Former federal Conservative leader Rona Ambrose is calling on Manitoba’s two main parties to find a way to ensure that provincial judges hearing rape cases understand the dynamics of sexual assault.

Ambrose, who stepped out of federal politics in May, introduced a bill in February that would restrict federal judge appointments to those who have undertaken training about myths and stereotypes surrounding rape, as well as the existing rules on what evidence is relevant to sex-assault cases.

“This is a major issue in society, and we’re only seeing the tip of the iceberg when it comes to sexual assault, sexual abuse and sexual harassment,” Ambrose said in a recent interview.

“Women need to have confidence that when they come forward and report, that those people that sit on that bench — and have so much power and authority — that the least we can expect is that they have training in the actual law that they’re applying. And right now, that’s not the case.”

Her bill, which has not passed in the Senate, inspired similar legislation elsewhere. NDP MLA Nahanni Fontaine introduced Bill 227 last month, which is similar to Ambrose’s bill.

Fontaine’s legislation would also apply to justices of the peace who rule on protection orders related to domestic violence and stalking. Both bills would have the bodies overseeing judges report about their educational training to the justice ministers. Fontaine’s bill would compel sitting judges to undergo such training, and bar them from hearing sex-assault cases if they haven’t done so.

The province’s governing Progressive Conservatives say that goes too far.

“We respect the judiciary’s independence,” Justice Minister Heather Stefanson told the legislature last month, saying the bill “violates that principle and would likely fail a constitutional challenge.”

Stefanson said Manitoba’s chief justice already administers training for judges and justices of the peace for at least 10 days per year. As of last spring, that includes the Domestic Violence and Stalking Act.

Fontaine has said current training isn’t good enough. She’s referenced a justice of the peace who denied a protection order to a woman whose estranged husband had access to weapons, qualifying it as “a less-than-ideal family situation” and not “a real emergency.”

While Ambrose isn’t familiar with the provincial bill, she said both parties should work out a solution.

“Let’s hope that both parties — the NDP and the Tories — care enough about this issue to work out the details of the bill, and get past whatever the issues are,” Ambrose said.

“The final product, I hope, is that there’s mandatory training… It just speaks to basic competency. You should know the law, that’s all I’m asking.”

Stefanson hinted last Thursday that a compromise might be possible. “I believe the intent of this bill can be achieved without violating judicial independence,” she told the legislature.

dylan.robertson@freepress.mb.ca