Review of Provincial and Territorial Domestic Violence Legislation and Implementation Strategies

PART II. A COMPARISON OF KEY CLAUSES OF DOMESTIC VIOLENCE ACTS AND REGULATIONS

This section compares key clauses of statutes and regulations in the five jurisdictions that have developed domestic violence legislation.[7]  These are (proclamation dates are shown in parentheses):

  • Saskatchewan:  The Victims of Domestic Violence Act (Feb, 1995)
  • Prince Edward Island:  The Victims of Family Violence Act (Dec, 1996)
  • Yukon:  Family Violence Protection Act (Nov, 1999)
  • Alberta:  Protection Against Family Violence Act (Jun, 1999)
  • Manitoba:  The Domestic Violence and Stalking Prevention, Protection and Compensation Act (Sep, 1999)

Nineteen types of items are specifically compared in Table 1.  The items may include anything from a sub-section through to several sections of a statute and/or regulation, depending on the jurisdiction.  The text reproduced in each column is taken from the amalgamated version of each statute as of September, 2000, so Table 2 does not show the development of each act by tracing its amendments.  Items 18 and 19 list only the section numbers rather than text from the statutes and regulations.  Item 6 lists the types of orders contained in the acts.

The commentary for each item highlights commonalties and/or differences between each jurisdiction.  In some instances the commentary refers to case law, or explains the relation of one item in the act to another.  Interpretation of these items is that of the researchers, and should not be construed as a legal opinion, nor as the opinion of the jurisdiction concerned.

There are two intended uses of Table 1:

  1. To enable the reader to quickly compare key items by means of the commentary provided.  This should assist the reader in clarifying his or her own orientation on each issue.
  2. To give easy access to the actual text of the acts and regulations.  This provides the reader with model clauses once an orientation has been decided. 

[7] Ontario introduced Bill 117, an Act to better protect victims of domestic violence for first reading on September 27, 2000.  Because it is at such a preliminary stage it has not been analyzed here, but is listed in Appendix A.1.

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