Advocates say a new bill before the Manitoba legislature could have a big impact on the relationship survivors of domestic violence have with the court system.
The bill, which may not pass before the Nov. 7 end of the legislature session, would require continuing education for new provincial court judges on topics like intimate partner violence, sexual assault, systemic racism and other topics.
Coral Kendel, executive director at Survivor’s Hope Crisis Centre, told Global Winnipeg any type of further education on the subject is key to making meaningful change.
“Any time we see further education happening, especially in different large systems, it’s incredibly encouraging to see how this can continually impact survivors to receive better care at all levels, and especially to reduce the significant recurrence of harm that can occur when they are interacting with systems,” Kendel said.
“Especially if individuals who are meant to be supporting survivors and working at their best interests are not trauma-informed about what their experiences could look like, what it could sound like, what it could feel like.”
Kendel said people who experience intimate partner violence can have a long and arduous experience through the court system, and those making legal decisions may not fully grasp the type of impact these situations can have on a survivor’s entire life.
“There’s a huge disruption to their entire family system and potentially their worldview in ways that is long-lasting and really impactful for potentially the rest of their lives,” Kendle said.
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“It’s not as much of kind of a one-time incident that can be easy to overcome, but really impacts them, not just physically — if there was a physical assault involved — but also mentally, emotionally, physiologically and spiritually in ways that victim impact statements are giving folks the opportunity to address.”
Many survivors, Kendel said, can experience a drawn-out trial process that could last for years, and are made to continually relive their experience, and not necessarily receive any closure.
“(There are) potentially a number of years where they have to repeat themselves, revisit it, relive it, and anticipate that date… only sometimes to find in the end that the case is thrown out for whatever reason, and they’re not able to give a voice to their experience and have it seen in court.
“With further education, there’s the potential we could see a difference, if it’s really understood how impactful these crimes are and how important it is for all levels of our justice system to take them very seriously, to get the best information possible, to prosecute those who are performing these acts.”
Indigenous political advocacy organization, Manitoba Keewatinowi Okimakanak Inc. (MKO), also expressed support for the bill.
In an emailed statement to Global News, MKO Grand Chief Garrison Settee said, “passage of Bill 41 is a pivotal step in ensuring a judicial system that not only understands but also deeply respects the unique challenges faced by those affected by intimate partner violence, particularly within our First Nations and 2SLGBTQIA+ communities.”
Aiden Enns, the interim executive director for the John Howard Society of Manitoba says he is “delighted” by the bill’s introduction.
“I think this is a good news story. I mean, who could argue against more training for judges?” he said.
Enns said he believes the legislation would ensure fairness for all.
“It’s going to take into account things that (judges) may not have thought of before. They’re making an important decisions, so I think it’s going to be beneficial for all for the victims, but also the perpetrators. It’s going to be a good understanding.”
While there is always more work to do in improving these kinds of systems, “this is taking a very good direction,” he said. “Let it ripple out further and broaden all our understandings.”
The bill is based on one originally proposed in April by Liberal MLA Cindy Lamoureux, and although that bill wasn’t passed, the governing NDP have drawn up their own, similar piece of legislation, which has Lamoureux’s support.
Permanent funding for the education is included in Wednesday’s bill, which also includes a focus on the experience Indigenous Manitobans and members of the LGBTQ2 community have within the justice system.
“Folks know that overrepresentation of Indigenous people in our (justice system) is a focus of our government,” Justice Minister Matt Wiebe said Wednesday.
In an emailed statement to Global News, Ryan Rolston, the chief judge of the Manitoba Provincial Court said, “each judge regularly attends judicial education on topics that include not only the subject matter of Bill 41, but of all facets of the law including substantive legal topics and social context.”
He added that the urgency in which the bill is presented could leave an “erroneous impression” that cases are being handled by judges who lack education and sensitivity.
“We believe that more thoughtful discourse will allow for legislation that best serves the interests of all Manitobans,” Rolston said.
— with files from The Canadian Press
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