BILL NO. 5

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017



Private Member's Bill



Provincial Court Act
(amended)



Karla MacFarlane
Pictou West



First Reading: September 26, 2017

(Explanatory Notes)

Second Reading:

Third Reading:

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Explanatory Notes

Clause 1 requires

(a) persons appointed as provincial court judges to complete comprehensive education training in sexual assault law before taking their oath of office; and

(b) the Attorney General to pay the cost of the training.

Clause 2 requires

(a) every person holding the office of provincial court judge to complete continuing education seminars and courses relating to sexual assault law at frequencies determined by the judge in consultation with the Chief Judge; and

(b) the Attorney General to pay the cost of continuing education.

Clause 3 requires a judge to provide a written decision setting out the reasons for judgment when the proceeding is for a sexual offence pursuant to the Criminal Code.

Clause 4 requires

(a) the Chief Judge to consider the time required by a Judge to attend and complete continuing education relating to sexual assault when assigning judicial duties;

(b) the Chief Judge to report annually to the Attorney General on the program content and the number of judges attending and completing the continuing education seminars and courses; and

(c) the Attorney General to table the report in the House of Assembly.

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An Act to Amend Chapter 238
of the Revised Statutes, 1989,
the Provincial Court Act,
Respecting Sexual Assault Law Education for Judges

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after subsection (5) the following subsections:

2 Chapter 238 is further amended by adding immediately after Section 6A the following Section:

3 Chapter 238 is further amended by adding immediately after Section 8 the following Section:

4 Section 15 of Chapter 238, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after subsection (1) the following subsections:

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