Sex assault case training up to judges, says province

Citing ‘judicial independence,’ attorney general says he’d prefer top justice handle issue

Ontario’s attorney general said while he supports the idea of training for judges on sexual assault cases, he’d prefer the province’s chief justice handle the issue rather than the government.

“This is an issue of respecting our constitution. This is an issue of respecting the judicial independence that is key to and the cornerstone of our democracy,” Yasir Naqvi said at Queen’s Park on Thursday after pressure from the opposition during question period.

“It’s clearly within the scope of the judiciary to determine the training that they set themselves . . . I’m in conversations with the chief justice. I know she takes this matter seriously, and we look forward to the action from the judiciary.”

Progressive Conservative MPP Laurie Scott has proposed a private member’s bill that would force judges and justices of the peace to learn about the laws, myths and stereotypes around sexual assault cases, either before they are appointed or, for those already on the job, as part of their continuing education.

Liberal MPP Cristina Martins also introduced her bill that would man- date such training for lawyers before they can be considered for the bench.

“Unfortunately, we are now hearing from the attorney general that he does not support that initiative; from the minister of community safety and correctional services that they don’t support that training,” PC Leader Patrick Brown said Thursday.

Premier Kathleen Wynne, whose government was lauded for the “It’s Never Okay” campaign to combat sexual violence and harassment, said, “This is an issue of not whether we support or not . . . this is not a matter of whether or not, in our opinion, something should happen. This is about the mechanism for actually making it (happen).”

Scott has argued that with highprofile decisions such as the socalled “knees together” case in Alberta, women need “more confidence in our justice system. Sexualassault survivors must feel comfortable coming forward.”

Last month, Conservative interim leader Rona Ambrose brought forward a bill that would require specialized training for any lawyer wishing to become a federally appointed judge. With unanimous support, the bill is now being dealt with quickly through the House of Commons. However, Ottawa lawyer Anne London-Weinstein has told the Star that judicial independence is crucial, and that in most cases she’s seen in her 20 years, judges get things right.