From the “knees together” judge to others across the country who have made questionable comments and rulings, it’s time the province make training for sexual assault cases mandatory, say opposition MPPs and victim support groups.

“I think it helps change the culture and helps reassure Ontarians — and especially victims — that judges are sensitive when they hear these cases,” and could prompt more women to come forward, said Progressive Conservative MPP Laurie Scott (Haliburton-Kawartha Lakes-Brock), her party’s women’s issues critic, who has urged Attorney General Yasir Naqvi to make changes.

“ . . . There are ways we can do better, and mandatory training of judges in sexual assault is a good first step.”

On Friday, Premier Kathleen Wynne suggested Naqvi is considering writing a letter to the province’s judges asking them to consider more training in the handling of sexual assault cases.

“We can’t mandate the specific training that judges receive,” Wynne told reporters on Friday, echoing comments from Naqvi about the independence of the judiciary. However, she said, “the attorney general is looking at what he could do to encourage this.”

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Scott, who brought up the issue during Question Period last week, said she’s disappointed the government won’t force what is a “common sense proposal.”

She told the Star she will pursue the issue, following the lead of the federal PC party and introducing a private member’s bill.

Last last month, Interim federal PC Leader Rona Ambrose brought forward a bill that would require training for any lawyer wishing to become a federally appointed judge. With unanimous support, the bill is now being fast-tracked through the House of Commons.

Naqvi said he has spoken to the province’s chief justice, and that training in sexual assault cases is available, though not required.

However, he will “continue to raise the issue, that we need to make sure there’s robust training for the judiciary on sexual violence and harassment. But that decision is up to the chief justice and courts to make.”

But victims’ support groups wonder why the government won’t follow the federal lead, when sexual violence seems to be a priority — the Liberals launched an awareness campaign, “It’s Never Okay,” on sexual harassment and violence and have boosted spending to assault centres.

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“For years, the judiciary has hidden behind its ‘independence’ as an excuse to avoid training on women's issues. That view has been reinforced recently by the Ontario government,” said Megan Walker of the London Abused Women’s Centre.

“The failure of the judiciary to participate in mandatory sexual assault and domestic violence training denies women of full equality rights before and under the law. It’s ludicrous to suggest that judges are allowed to be held to a lower standard than any other criminal justice service provider.

“It is irresponsible leadership to refuse to make a system better,” she said, adding if the federal government can do it, so should every province.

NDP MPP France Gelinas (Nickel Belt) agreed, saying “you cannot have a premier who comes out and wants us to believe that this is a priority for her and doesn’t find the tools within her tool box to make sure that this first step — which is just a first step of training on this issue — cannot be done.”

“We can all read the paper, we can all listen to the radio, we can all see that some of our judges need that training,” she added. “It’s a win-win.”

The federal budget recently allocated almost $3 million over five years for equity and gender training, which Ontario judges will be able to access.

Kate Andrew, speaking for the Office of the Chief Justice of the Ontario Court of Justice, said “issues related to sexual assault are regularly integrated into education programs for new judges and in the ongoing education programs.”

The court, she added, “is following the current public and legislative discussions concerning judicial education on sexual assault. While the Court recognizes the importance of sexual assault education, there is no mandatory judicial education on any specific area of law.”

Elaine Craig, a professor at the Schulich School of Law at Dalhousie University, said “the potential harms that occur in sexual assault trials when judges lack proper training, legal knowledge, and the ability to identity and resist rape mythology are greater than in many other types of legal proceedings.

Requiring training “is not about interference, it’s about education,” added Scott. “And that’s our best weapon — it’s education in schools and it’s also education for our judicial system. And it’s about victims feeling more comfortable about coming forward and getting the justice they deserve.”