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
10. Confidential Information / Privacy[1] 9(1) The local registrar of the court and a designated justice of the peace shall keep the victim’s address confidential at the request of the victim or a person acting on the victim’s behalf. (2) The court may order that the hearing of anApplication or any part of a hearing be held in private. (3) On the request of the victim, the court may make an order prohibiting the publication of a report of a hearing or any part of a hearing if the court believes that the publication of the report: (a) would not be in the best interests of the victim or any child of the victim or any child who is in the care and custody of the victim; or (b) would be likely to identify, have an adverse effect on or cause hardship to the victim or any child of the victim or any child who is in the care and custody of the victim. 11(1) The Registrar and a justice of the peace shall keep the victim's address confidential at the request of the victim or a person acting on behalf of the victim.(2) The court may exclude the public from a hearing, or any part thereof, where,in the opinion of the presiding judge, the possibility of an injustice, harm, hardship or adverse effect to or upon a victim or a child outweighs the desirability of holding the hearing in public. (3) Upon request of the victim, the court may by order prohibit the public disclosure of a report of a hearing or any part of a hearing or prohibit publication of any matter connected with an emergency protection order or victim assistance order, where in the opinion of the court, such disclosure or publication would (a) not be in the best interests of a victim or a child; or (b) be likely to identify, have an adverse effect on or cause hardship to, the victim or child.(4) A court order made pursuant to subsection (3) does not preclude access to court files with the consent of a judge for research or statistical purposes, where there is no public disclosure of individual names or other information that could identify persons named in any report, hearing, orother matter prohibited from being disclosed by order made pursuant to this section. 1996, c.47, s.1 1998,c.11,s.7. 3(1) Hearings under this Act are to be informal and conducted so as to put participants at ease and to help them understand the proceedings. (2) The clerk of the court and a designated justice of the peace shall keep the victim's addressconfidential at the request of the victim or a person acting on the victim's behalf.(3) The court may order that the hearing of an application or any part of a hearing be held in private. (4) On the request of the victim or of the respondent, the court may make an order prohibiting or restricting the publication of a report of a hearing or any part of a hearing if the court believes that the publication of the report would be likely to identify and have an adverse effect on, or cause hardship to the victim or any child of the victim or any child who is in the care and custody of the victim. 8(1) The clerks of the Court of Queen’s Bench and of the Provincial Court must keep confidential any information relating to the location of a claimant unless the claimant or a person acting on the claimant’s behalf consents to the giving of theinformation.(2) The judge may order that all or any member of the public, other than the parties, may be excluded from any hearing under this Act.(3) On the request of the claimant or the respondent or on the initiative of the judge, the judge may make an order prohibiting the publication of a report of a hearing or any part of a hearing if the judge believes that the publication of the report would have an adverse effect on or cause undue hardship to the claimant or respondent or any child of the claimant or respondent or any child who is in the care or custody of the claimant or respondent. 1998 cP19.2, s.8 13(1) No person shall publish or broadcast in a media report the name of a person who is a party or witness in proceedings relating to an application for a protection order or any information likely to identify the person, until the latest of the following: (a) dismissal of the application by the designated justice of the peace; (b )20 days after service upon the respondent of the protection order granted by the designated justice of the peace; (c) where an application is made to the court under subsection 11(1) within 20 days after the respondent is served with the order, determination of the application by the court.(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction (a) in the case of an individual, to a fine of not more than $5,000. Or imprisonment for a term of not more than two years, or and (b) in the case of a corporation, to a fine of not more than $50,000. (3 An officer, director, employee or agent of a corporation who directs, authorizes, assents to, permits or participates or acquiesces in an offence by the corporation under subsection (1) may be convicted of the offence, whether or not thecorporation has been prosecuted or convicted. 20 No person shall disclose to another person any information in a court document or record relating to a proceeding under this Act that identifies or is liable to identify the home or business address of a subject, other than information contained in the application for a protection order or prevention order or in the order, or that is necessary to enforce the order. 21 (1) On the request of a subject or witness in a proceeding relating to a protection order or prevention order, the court may make an order prohibiting the publication or broadcast in a media report of the name of a party or witness or any information likely to identify the subject or witness, if the court is satisfied that the publication or broadcast could endanger the safety or well being of the subject or witness .(2) A person who contravenes an order made under subsection (1) is guilty of an offence and isliable on summary conviction to the penalties set out in clauses 13(2) (a) and (b). (3) An officer, director, employee or agent of a corporation who directs, authorizes, assents to, permits or participates or acquiesces in an offence by the corporation under subsection (1) may be convicted of the offence, whether or not the corporation has been prosecuted or convicted.

Comment [1]: All jurisdictions have similar clauses addressing confidentiality of the victim’s address, privacy of hearings, and restriction on publication of reports. Manitoba and PEI create specific punishments for contravention of publication of names of parties or witnesses. The Yukon act specifically requires the hearings to be informal.

Date modified: