Making the Links in Family Violence Cases: Collaboration among the Family, Child Protection and Criminal Justice Systems

Annex 4: Family violence responses by jurisdiction - Prince Edward Island

Legislative Responses

Family/Domestic Violence Legislation

Victims of Family Violence Act

Remedies available: sub-section 4(3).

Family Law Provisions Related to Family Violence

Family Law Act

Restraining orders: sub-section 45(1).

Child Protection Provisions Related to Family Violence

Child Protection Act

Defines child in need of protection to include “the child has suffered physical or emotional harm caused by being exposed to domestic violence by or towards a parent”; or is at substantial risk of the above, sub-sections 9 (m) and (n).

Police

Policies

  • Spousal Abuse Police Charging Policy.
  • Show Cause Information Form.

Protocols

  • Police Response to Domestic Disputes Woman Abuse Protocol.
  • Police Referral to Director of Child Protection referral form and process.
  • Memorandum of understanding between Police agencies (RCMP and Municipal) and the Province regarding Police Referral to Victim Services.
  • Ministers Directive Regarding Assistance to Victims of Crime.
  • Provincial Child Sexual Abuse Protocol.
  • Management of High Risk Offenders Policy and Procedures, and Committee.

Crown

Policies

Guide Book of Policies and Procedures for Conduct of Criminal Prosecutions in Prince Edward Island

Section 14 concerns spousal violence prosecutions.

Child Protection

Protocols

Provincial Child Sexual Abuse Protocol and joint investigation of child abuse cases (police and child protection).

Service-Based Responses

Victim Services

Victim services is a program of the provincial government (system-based model) that provides assistance to all victims of crime throughout their involvement with the criminal justice system.

Shelters

  • Anderson House is an emergency shelter for women and children in family violence situations.
  • Chief Mary Bernard Women’s Shelter for victims of family violence and homelessness.
  • Bedford MacDonald House – emergency shelter for homeless men.

Programs for Children Exposed to Family Violence

Catholic Family Services Bureau offers play therapy and programs for children exposed to family violence.

Abusive Partner Programs

The Community and Correctional Services Division delivers the Turning Point Program, a group counselling program for men who are abusive to a partner.

Supervised Access

There are no formal supervised access programs.

Parent & Child Education/Information

Information for students at various age levels re: good touch/bad touch, healthy relationships, etc.

Court-Based Responses

Prince Edward Island does not have a domestic violence court or integrated domestic violence court.

Linking between Civil and Criminal Justice Systems in Domestic Violence Cases

There is a committee in place working on the feasibility of a technological solution to sharing information between the criminal and civil justice systems in cases of family violence involving children.

Tools/Processes to Ensure Safety

Structured Risk Assessment Tools

The use of risk assessment tools is informal – Prince Edward Island has not formally adopted a specific tool.

Checklists

  • The police (RCMP and Municipal) have implemented a Domestic Violence Police Investigation Checklist.
  • A Court information package is used to provide the courts with a standard package of information in family violence cases.

Screening for Family Violence

Probation officers use the Level of Service Inventory – Revised (LSI-R), and have been trained in STICS (Strategic Training Initiative in Community Supervision). Probation Services has also implemented an actuarial tool for use in family violence cases, to assist in making decisions regarding victim/offender contact.

Coordinating Mechanisms

Information Sharing Protocols

  • Memorandum of understanding between police agencies and the province regarding referrals to Victim Services.
  • Police referral to Child Protection.

Inter-Agency Protocols

  • Child Sexual Abuse Protocol.
  • Woman Abuse Protocols.
  • Protocols between Custody Centre and Probation/Victim Services whereby all inmate visiting and phone lists are reviewed and approved by Probation and Victim Services to help identify any concerns re safety, no contact provisions, etc.

Coordinating Committees

  • Premiers Action Committee on Family Violence Prevention.
  • Victims of Family Violence Act Steering Committee.
  • Provincial Child Sexual Abuse Advisory Committee.
  • Provincial Human Trafficking Committee.
  • High Risk Offender Committee.
  • Linking Criminal and Family Justice Systems Working Group.

Family Violence Action Plans

Premier Action Committee on Family Violence Prevention has a five year mandate with priorities identified.

New Initiatives (Non-Justice)

Circles of Safety and Support for women experiencing family violence (developed by Justice Options for Women).

Data Collection

Most recent statistics on family violence can be found at http://www.stopfamilyviolence.pe.ca

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