Manitoba's minister of justice has denounced a suggestion that the province mandate domestic violence training for judicial justices of the peace.

Heather Stefanson says the government cannot get involved in matters that fall under the jurisdiction of the chief justice.

"I will not direct the chief judge where to go, that violates judicial independence," she said. "And that's the problem with the bill that is before the House right now."

​​Earlier this month, NDP MLA Nahanni Fontaine introduced a private member's bill that would require all new judicial justices of the peace to be trained and well-versed in Manitoba's Domestic Violence and Stalking Act before they are allowed to hear applications for protection orders.

MLA Nahanni Fontaine has introduced a private member's bill that would require all new judicial justices of the peace to be trained and well-versed in Manitoba's Domestic Violence and Stalking Act before they hear applications for protection orders. (John Woods/Canadian Press)

The Opposition justice critic said too many women are being refused those orders when they are in risky situations.

This week, she pointed to the case of a Manitoba woman whose request was denied because the JJP did not consider it an emergency, even though the estranged husband was threatening her and had access to weapons.

I will not direct the chief judge where to go. That violates judicial independence. And that's the problem with the bill that is before the House right now. - Justice Minister Heather Stefanson

The JJP acknowledged the woman had taken steps with respect to safety planning and urged her to continue along that path. Protection orders are "not to be granted to alleviate an unhappy situation or improve a less-than-ideal family situation. It's to be used to provide protection in a real emergency," the JJP ruled in denying the request.

The comments make the woman's situation seem "as if it's just a normal, everyday spouses' fight," Fontaine said. "But here is an individual that has access to a gun. Certainly, that elevates almost immediately the level of protection that we need to offer."

That case alone illustrates the need for additional training and awareness, Fontaine said. Her bill is set to be debated in the legislature on Thursday.

While Stefanson said Fontaine's initiative is "good," the approach to addressing the issue is problematic.

"It violates judicial independence, which is a central principle in our constitutional democracy," Stefanson said. "Essentially, it breaks the law. So we need to find other ways to deal with [addressing domestic violence and protection for women]."

Blame laid on previous government

Stefanson acknowledged Manitoba has "some of the highest rates of domestic violence in Canada," and blamed the previous NDP government letting it get worse through inaction.

"We recognize what we inherited from the previous government. It's significant," she said. "It's an incredibly important issue and we take it very seriously."

However, Stefanson had few details on how her government would address it, short of promising to "work with law enforcement and with organizations like RESOLVE" — a tri-provincial research network on interpersonal violence through the universities of Manitoba, Regina and Calgary.

"We'll find ways of doing it within the law, not by violating the law," she said, adding she has had discussion with the minister responsible for the status of women. "We're working on ways that we can deal with this."

She wouldn't elaborate on what those ways are, other than repeating that law enforcement and other agencies are being consulted.

Asked twice whether she thinks training of JJPs needs to be strengthened, Stefanson would not comment.

"What I will say is that we are working together, all of us, to try and deal with this situation."