Review of Provincial and Territorial Domestic Violence Legislation and Implementation Strategies

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

In order to present the full content, this page exceeds our site's normal dimensions.

Table 1. A Comparison of Key Clauses of Domestic Violence Acts and Regulations (cont'd)
Item Compared Jurisdiction
Saskatchewan PEI Yukon Alberta Manitoba
8. Order No.2 (Victim Assistance Order)       (Called Queen’s Bench Protection Order  
8.1 Provisions[1] 7(1) Where, on application, the court determines that domestic violence has occurred, the court may make a victim’s assistance order containing any or all of the following provisions: (a) a provision granting the victim and other family members exclusive occupation of the residence, regardless of ownership; (b) a provision restraining the respondent from attending at or near or entering any specified place that is attended regularly by the victim or other family members, including the residence, property, business, school or place of employment of the victim and other family members; (c) a provision restraining the respondent from making any communication likely to cause annoyance or alarm to the victim, including personal, written or telephone contact with the victim and other family members or their employers, employees or co-workers or others with whom communication would likely cause annoyance or alarm to the victim; (d) a provision directing a peace officer to remove the respondent from the residence within a specified time; (e) a provision directing a peace officer to accompany, within a specified time, a specified person to the residence to supervise the removal of personal belongings in order to ensure the protection of the victim; (f) a provision requiring the respondent to pay the victim compensation for monetary losses suffered by the victim and any child of the victim or any child who is in the care and custody of the victim as a direct result of the domesticViolence, including loss of earnings or support, medical and dental expenses, out-of-pocket losses for injuries sustained, moving and accommodation expenses, legal expenses and costs of an application pursuant to this Act; (g) a provision granting either party temporary possession of specified personal property, including a vehicle, cheque book, bank cards, children’s clothing, medical insurance cards, identification documents, keys or other necessary personal effects; (h) a provision restraining the respondent from taking, converting, damaging or otherwise dealing with property that the victim may have an interest in; (i) a provision recommending that the respondent receive counselling or therapy; (j) a provision requiring the respondent to post any bond that the court considers appropriate for securing the respondent’s compliance with the terms of the order; (k) any other provision that the court considers appropriate. 7 (1) Where, on application by a victim in the prescribed form to a judge of the court, the judge determines that family violence has occurred, the judge, within ten days of receipt of the application or as soon as possible after that, may make a victim assistance order containing any of the following provisions: (a) a provision referred to in subsection 4(3); (b) a provision for access to children on such terms as the judge may determine, but in making such provision the court shall give paramount consideration to the safety and well-being of the victim and the children; (c) any other provision thejudge considers appropriate (2) The judge may make a victim assistance order subject to such conditions as the judge considers appropriate. (3) The existence of other proceedings between the victim and the respondent does not preclude the judge from making a victim assistance order. 1996, c.47, s.7. 7(1) Where, on application, the court believes on reasonable grounds that domestic violence has occurred, the court may make a victim's assistance order containing any or all of the following provisions: (a) a provision granting the victim and other family members exclusive occupation of the residence, regardless of ownership; (b) a provision restraining the respondent from attending at or near or entering any specified place that is attended regularly by the victim or other family members, including the residence, property, business, school or place of employment of the victim and other familyMembers; (c) a provision restraining the respondent from making any communication likely to cause annoyance or alarm to the victim, including personal, written or telephone contact with the victim and other family members or their employers, employees or co-workers or others with whom communication would likely cause annoyance or alarm to the victim; (d) a provision directing a peace officer to remove the respondent from the residence within a specifiedtime; (e) a provision directing a peace officer to accompany, within a specified time, a specified person to the residence to supervise the removal of personal belongings in order to ensure the protection of the victim. (f) a provision requiring the respondent to pay the victim compensation for monetary losses suffered by the victim and any child of the victim or any child who is in the care and custody of the victim as adirect result of the domestic violence, including loss of earnings or support, medical and dental expenses, out-of-pocket losses for injuries sustained, moving and accommodation expenses, legal expenses and costs of an application pursuant to this Act; (g) a provision granting either party temporary possession of specified personal property, including a vehicle, cheque book, bank cards, children's clothing, medical insurance cards, identification documents, keys or other necessary personal effects; (h) a provision restraining the respondent from taking, converting, damaging or otherwise dealing with property that the victim may have an interest in; (i) a provision recommending that the respondent receive counseling or therapy; (j) a provision requiring the respondent to post any bond that the court considers appropriate for securing the respondent's compliance with the terms of the order; (k) any other provision that the court considersAppropriate.(2) A victim's assistance order may be subject to any terms that the court considers appropriate. 4(1) An order under this section may be granted by a justice of the Court of Queen’s Bench on application if the justice determines that the claimant has been the subject of family violence.(2) An order under this section may include any or all of the following: (a) a provision restraining the respondent from attending at or near or entering any specified place that is attended regularly by the claimant or other family members, including the residence, property, business, school or place of employment of the claimant or family members; (b) a provision restraining the respondent fromcontacting the claimant or associating in any way with the claimant and from subjecting the claimant to family violence;(c) a provision granting the claimant and other family members exclusive occupation of the residence for a specified period, regardless of whether the residence is jointly owned or leased by the parties or solely owned or leased by one of the parties; (d) a provision requiring the respondent to reimburse the claimant for monetary losses suffered by the claimant and any child of the claimant or any child who is in the care and custody of the claimant as a direct result of the family violence, including loss of earnings or support, medical and dental expenses, outofpocket losses for injuries sustained, moving and accommodation expenses, legal expenses and costs of an application under this Act; (e) a provision granting either party temporary possession of specified personal property, includinga vehicle, cheque book, bank cards, children’s clothing, medical insurance cards, identification documents, keys or other necessary personal effects; (f) a provision restraining either party from taking, converting, damaging or otherwise dealing with property that the other party may have an interest in; (g) a provision restraining the respondent from making any communication likely to cause annoyance or alarm to the claimant, including personal, written or telephone contact or contact by any other communication device directly or through the agency of another person, with the claimant and other family members or their employers, employees, coworkers or other specified persons; (h) a provision directing a peace officer to remove the respondent from the residence within a specified time; (i) a provision directing a peace officer to accompany a specified person to the residence within a specified time to supervise the removal of personal belongings in order toensure the protection of the claimant;(j) a provision requiring the respondent to post any bond that the Court considers appropriate for securing the respondent’s compliance with the terms of the order; (k) a provision requiring the respondent, and any other family member the Court considers appropriate, to receive counselling; (l) a provision directing the seizure and storage of weapons where the weapons have been used or have been threatened to be used to commit family violence;(m) any other provision that the Court considers appropriate. 1998 cP19.2 s4 14(1) Where, on application, the court determines that the respondent has stalked the subject or subjected him or her to domestic violence, the court may make a prevention order with any terms or conditions it considers appropriate to protect the subject or remedy the domestic violence or stalking, which may include any of the following:(a) a provision prohibiting the respondent from following the subject or a specified person from place to place; (b) a provision prohibiting the respondent from communicating with or contacting the subject or a specified person; (c) a provision prohibiting the respondent from attending at or near or entering any place that the subject or a specified person regularly attends, which may include a place where the subject or person resides, works or carries on business; (d) subject to any order made under section 13 of The Family Maintenance Act, a provision granting the subject temporary exclusive occupation of the residence, regardless of ownership; (e) a provision directing a peace officer to remove the respondent from the residence immediately or within a specified time; (f) subject to any order made under The Marital Property Act, a provision granting either party temporary possession of specified personal property, which may include vehicles, household furnishings, clothing, medical insurance cards, identification documents and keys; (g) a provision directing a peace officer to accompany, within a specified time, a specifiedperson to the residence to supervise the removal, in a safe and orderly manner, of personal property owned by a party or granted to him or her under clause (f) ; (h) a provision directing the respondent to deliver up to a peace officer, until a further order under the Criminal Code (Canada), the Firearms Act (Canada) or this Act,(i)any firearm, weapon, ammunition or explosive substance that the respondent owns, possesses or controls, and (ii) any document that authorizes the respondent to own, possess or control an item referred to in subclause (i);(i)when an order includes a provision under clause (h), a provision that, if the respondent does not deliver up the items referred to in the order, a peace officer may for the purpose of seizing the items enter and search any place where the officer has reason to believe the items are located with such assistance and force as are reasonable in the circumstances;(j)a provision requiring the respondent to paycompensation to the subject for any monetary loss suffered by the subject as a result of the domestic violence or stalking, which may include (i) loss of income, (ii) expenses relating to new accommodations, moving, counselling, therapy, medicine and other medical requirements, and security measures, and (iii )legal fees and other costs relating to making an application under this Act; (k) a provision prohibiting the respondent from taking, converting, damaging or otherwise dealing with any property in which the subject has an interest; (l) a provision authorizing the seizure, until further order of the court, of any personal property of the respondent used in furtherance of the domestic violence or stalking; (m) a provision recommending that the respondent receive counselling or therapy; (n) a provision requiring the respondent to post a bond, with or without sureties or a cash deposit, in an amount the court considers appropriate to secure the respondent's compliance with the order; (o )if the subject and respondent reside or have resided in the same premises, a provision prohibiting the respondent from entering upon the premises while the subject is residing there; (p) if an order has been made under clause 10(1) (c) (no entry to spouse's premises) or (d) (nonmolestation) of The Family Maintenance Act by a judge of the court, a provision revoking that part of the order.(2) Where an order includes a provision under clause (1)(d), section 13 (occupancy of family residence) of The Family Maintenance Act applies with necessary modifications.(3) An item delivered up or seized pursuant to a prevention order must be dealt with in accordance with the regulations.

Comments [1]: Note that the victim assistance or prevention orders are not seen as emergency orders, so are handled by the courts without involvement of a JOP. These provisions replicate some of the provisions in the emergency order, because they may be applicable in either an emergency or long term situation. PEI includes most of the provisions in its emergency order as well as in the victim assistance order. The main provisions in most of the other four jurisdictions cover occupation of the house, communication prohibitions and/or limitation s of movement, removing of respondent from house, removal of belongings from house, compensation, use or disposal of property, posting of a bond, recommendation of therapy or counselling, access to children, seizure and storage of weapons. (See appropriateness of this type of order on p.16 of Shaw v. Shaw, a Manitoba decision in Appendix 8.)

Date modified: