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
15. How Evidence Taken[1] Reg 7(1) At the hearing of an application for an emergency intervention order, a justice shall: (a) take the evidence under oath or pursuant to a promise to tell the truth in accordance with section 42 of The Saskatchewan Evidence Act; and (b) ensure that a record of the evidence of each person is made: (i) in legible writing in the form of notes of the justice; or (ii) in legible writing in the form of a statement of the person giving the evidence. (2) For the purposes of subsection (1): (a) an oath may be administered by telecommunication; and (b) an inquiry pursuant to section 42 of The Saskatchewan Evidence Act and a promise to tell the truth pursuant to that section may be made by Telecommunication. 8(1) Where a person gives evidence at a hearing for an emergency intervention order, the justice shall: (a) have that person read the record containing that person’s evidence or have the evidence read back to the person who gave it; and (b) sign and date the record containing that person’s evidence. (2) Where the evidence of more than one person is taken in writing, the justice may sign at the end of each person’s evidence or at the end of all of the evidence. 9 Where a justice begins to hear an application for an emergency intervention order and is unable to continue the hearing for any reason, another justice may: (a) continue hearing the application where the evidence recorded by the previous justice pursuant to section 7 is available for review by the justice; or (b) begin hearing theapplication as if no evidence had been taken where the evidence recorded pursuant to section 7 is not available for review by the justice. 2 Dec 94 cV-6.02 Reg 1 s9. Reg 7(1) At the hearing of an application for an emergency intervention order, a justice shall: (a) take the evidence under oath or by affirmation in accordance with sections 13 and 14 of the Evidence Act R.S.P.E.I. 1988, Cap. E-1 and (b) ensure that a record of the evidence of each person is made: (i) in question and answer format and in legible writing or typewritten in the form of notes of the justice of the peace; or (ii) in legible writing or typewritten in the form of a statement of the person giving the evidence and such evidence may include tape recordings of all or any part of the proceedings. (2) For the purposes of subsection (1), an oath or affirmation may be administered by telecommunication. (EC558/96; 210/99). 8(1) Where a person gives evidence at a hearing for an emergency protection order, the justice of the peace shall: (a) have that person read the record containing that person’s evidence or have the evidence read back to the person who gave it; and (b) sign and date the record containing that person’s evidence. (2) Where the evidence of more than one person is taken in writing, the justice of the peace may sign the record at the end of each person’s evidence or at the end of all of the evidence. (EC558/96).9 Where a justice of the peace begins to hear an application for an emergency protection order and is unable to continue the hearing for any reason, another justice of the peace may(a) continue hearing the application where the evidence recorded by the previous justice pursuant to section 7 is available for review by the justice of the peace; or (b) continue hearing the application as if noevidence had been taken where the evidence recorded pursuant to section 7 is not available for review by the justice of the peace. (EC558/96). Reg 7(1) At the hearing of an application for an Emergency Intervention Order, a justice of the peace shall:(a) take the evidence under oath or affirmation; and (b) ensure that a record of the evidence of each person is made, (i) in legible writing in the form of notes made by the justice of the peace or a statement of the person giving evidence, or (ii) by a tape recording of the proceedings.(2) For the purposes of subsection (1), an oath or affirmation may be administered by telecommunication.(3) Where a person gives evidence at a hearing for an Emergency Intervention Order, the justice of the peace shall: (a) have that person read the record containing that person’s evidence or have the evidence read back to the person who gave it; and(b) sign and date the record containing that person’s evidence.(4) Where the evidence of more than one person is taken in writing, the justice of the peace may sign the record at the end of each person’s evidence or at the end of all of the evidence.the person who gave it; and (b) sign and date the record containing that person’s evidence.(4) Where the evidence of more than one person is taken in writing, the justice of the peace may sign the record at the end of each person’s evidence or at the end of all of the evidence.8 Where a justice of the peace begins to hear an application for an Emergency Intervention Order and is unable to continue the hearing for any reason, another justice of the peace may:(a) continue hearing the application where the evidence recorded by the previous justice pursuant to section 7 is available for review by the justice of the peace; or(b) continue hearing the application as if no evidence had been taken where the evidence recorded pursuant to section 7 is not available for review by the justice of the peace. Reg 5(1) At the hearing of an application for an emergency protection order, a judge* shall (a) take the evidence under oath in accordance with the Alberta Evidence Act, (b) ensure that a record of the evidence of each person is made (i) in legible writing in the form of notes made by the judge or a statement of the person giving the evidence, or (ii) by a tape recording of the proceedings, and (c) schedule a review of the emergency order before a Court of Queen’s Bench justice at the judicial centre where the claimant resides or at any other judicial centre determined by the judge to be the most appropriate. (2) For the purposes of subsection (1), an oath may be administered by telecommunication. 4(3) Evidence adduced in support of an application for a protection order must be given under oath. 5(1) A lawyer or peace officer submitting an application for a protection order by telecommunication must (a) at the time possess any document that is to be used in support of the application; (b) communicate the content of the document to the designated justice of the peace in a manner satisfactory to the justice; and (c) transmit the document to the designated justice of the peace as soon as practicable in the manner prescribed by regulation. (2) The designated justice of the peace may administer an oath to aperson and receive the person's evidence by telephone if the oath and evidence are recorded verbatim. (3) A designated justice of the peace who hears an application for a protection order need not wait for the transmission of a document under clause (1)(c) before deciding whether to make a protection order.(4) A protection order based on an application submitted by telecommunication has the same effect as a protection order based on an application submitted in person. Reg 3(1) An application must be supported by a sworn document or sworn testimony that establishes the following: (a)the nature of the subject's relationship to the respondent; (b)evidence that domestic violence or stalking has occurred; (c)the subject's belief that domestic violence or stalking will continue, unless the subject is mentally incompetent or a minor and subsection 6(2) of the Act (certainpersons deemed to have belief) applies; (d)the subject's fear for his or her own safety, if the application is based on stalking, unless the subject is mentally incompetent or a minor and subsection 2(4) of the Act (certain persons deemed to have fear) applies; (e)the details of any agreement or court order to which the subject and respondent are parties.(2) Oral evidence adduced in support of an application for a protection order must be recorded. 7(1) If the subject is a minor, an adult person may make an application on behalf of the subject.(2) An application made under subsection (1) must be supported by a sworn document or sworn testimony that sets out the following, in addition to the requirements of subsection 3(1):d his or her relationship to the subject;(c)the consent of the person making the application to act on behalf of the subject;(d)a statement that the person making the application has no interest adverse to that of the subject;(e)a statement that the person making the application is aware that he or she could be required to pay personally any costs awarded against the person or the subject. 16 Upon the request of a respondent against whom a protection order has beenmade, the court must provide him or her with access to the application,and the evidence that was received in support of it. On hearing an application to set aside a protection order, a judge of the court may, on considering the evidence that was before the designated justice of the peace, consider it in the form in which it was recorded.

(*Editor’s Note: “judge” in this clause includes a designated justice of the peace.)


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