Review of Provincial and Territorial Domestic Violence Legislation and Implementation Strategies

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

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Table 1. A Comparison of Key Clauses of Domestic Violence Acts and Regulations (cont'd)
Item Compared Jurisdiction
Saskatchewan PEI Yukon Alberta Manitoba
12. Order No.3 (Warrant Permitting Entry)  
12.1 How issued[1] 11 (1) A designated justice of the peace may issue a warrant where, on an ex parte application by a person designated in the regulations, the designated justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that: (a) the person who provided the information on oath has been refused access to a cohabitant; and (b) a cohabitant who may be a victim will be found at the place to be searched   11 (1) A designated justice of the peace may issue a warrant if, on an ex parte application by a person who section 2 says may apply for an order, the designated justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that: (a) the person who provided the information on oath has been refused access to a cohabitant; and (b) a cohabitant who may be a victim will be found at the place to be searched. Reg 24 (2) An application for a warrant by a peace officer may be made in person or by telecommunication. (3) Where the justice of the peace determines that a warrant of entry should be made, the justice of the peace shall make that order in accordance with this Regulation and paragraphs 11(1)(a) and (b), and (2)(a), (b) and (c) of the Act.   10 (1) A judge may issue a warrant, on application by a person designated in the regulations and without notice to the respondent, if the judge is satisfied by information on oath that there are reasonable and probable grounds to believe that (a) the person who provided the information on oath has been refused access to a family member, and (b) the family member may have been the subject of family violence and will be found at the place to be searched. Reg 11 (2) An application for a warrant by a peace officer may be made in person or by telecommunication.
12.2 Authoriz-ation[2] 11 (2) A warrant issued by a designated justice of the peace authorizes the person named in the warrant to: (a) enter, search and examine the place named in the warrant and any connected premises; (b) assist or examine the cohabitant; and (c) seize and remove anything that may provide evidence that the cohabitant is a victim. (3) Where the person conducting the search believes on reasonable grounds that the cohabitant may be a victim, that person may remove the cohabitant from the premises for the purposes of assisting or examining the cohabitant.   11 (2) A warrant issued by a designated justice of the peace authorizes the person named in the warrant to: (a) enter, search, and examine the place named in the warrant and any connected premises; (b) assist or examine the cohabitant; and (c) seize and remove anything that may provide evidence that the cohabitant is a victim. (3) Where the person conducting the search believes on reasonable grounds that the cohabitant is a victim, that person may remove the cohabitant from the premises for the purposes of assisting or examining the cohabitant   10 (2) A warrant issued by a judge authorizes the person named in the warrant (a) to enter the place named in the warrant and any other structure or building used in connection with the place, (b) to search for, assist or examine the family member, and (c) with the family member’s consent, to remove the family member from the premises for the purpose of assisting or examining the family member. 1998 cP-19.2 s1
12.3 Who may apply[3] Reg 20 (1) For the purposes of section 11 of the Act, peace officers are designated as a category of persons who may apply for a warrant.   Reg 24 (1) For the purposes of section 11 of the Act, peace officers are designated as the category of persons who may apply for a warrant.   Reg 11 (1) For the purposes of section 10 of the Act, peace officers are designated as a category of persons who may apply for a warrant.

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