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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|13. Punishment designated||16 Any person who (a) fails to comply with the provisions of an emergency protection order or a victim assistance order; (b) falsely and maliciously makes an application under this Act; (c) obstructs any person who is performing any function authorized by an emergency protection order or a victim assistance order; or (d) publishes any information in contravention of an emergency protection order or a victim assistance order, is guilty of an offence and upon summary conviction is liable in the case of a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than three months, or to both, and in the case of a second or subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both. 1996, c.47, s.16; 1998,c.11,s.10. 17 A peace officer may arrest without warrant a person the peace officer believes on reasonable and probable grounds to have contravened any terms of an order made pursuant to this Act. 1996, c.47, s.17; 1998,c.11,s.11. 18 (1) In addition to its powers in respect of contempt, the court may punish by fine or imprisonment, or by both, any wilful contempt of or resistance to its process, rules or orders under this Act, but the fine shall not exceed $5,000 nor shall the term of imprisonment exceed 90 days. (2) An order for imprisonment under subsection (1) may be conditional upon default in the performance of a condition set out in the order. 1996, c.47, s.18.||16 (1) A person commits an offense if they: (a) knowingly make a false statement in an application or a hearing under this Act, (b) disobey an order made under this Act, (c) obstruct a peace officer carrying out an order under this Act. (2) A person who commits an offense under subsection (1) is liable on summary conviction to a fine of up to $2,000 and imprisonment for up to six months, or both. (3) For their second or subsequent offense under paragraph (1)(b), a person is liable on summary conviction to a fine of up to $5,000 and imprisonment for up to 12 months, or both.|
Comment : The first three clauses are similar but with subtle differences. PEI’s clause 16(d) is not included in the Yukon. The penalties are different. Note also other punishment clauses in Manitoba’s act which are shown under item 10 (Confidential Information/Privacy).
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