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
3. Definition of Domestic Violence[1]

2(d) “domestic violence” means:
(i) any intentional or reckless act or omission that causes bodily harm or damage to property;
(ii) any act or threatened act that causes a reasonable fear of bodily harm or damage to property;
(iii) forced confinement; or (iv) sexual abuse;

2(1) “Family violence” in relation to a person, is violence against that person by any other person with whom that person is, or has been, in a family relationship.
(2) In subsection (1), violence includes
(a) any assault of the victim;
(b) any reckless act or omission that causes injury to the victim or damage to property;
(c) any act or threat that causes a reasonable fear of injury to the victim or damage to property;
(d) forced confinement of the victim;
(e) actions or threats of sexual abuse, physical abuse or emotional abuse of the victim.

(3) For the purposes of this Act a respondent who encourages or solicits another person to do an act which, if done by the respondent, would constitute family violence against the victim, is deemed to have done that act personally.  1996, c.47, s.2.

1 In this Act:
"family violence" means:
(a) any intentional or reckless act or omission that causes bodily harm or damage to property;
(b) any act or threatened act that causes a reasonable fear of bodily harm or of damage to property;
(c) forced confinement;
(d) sexual abuse; or (e) depriving a person of food, clothing, medical attention, shelter, transportation, or other necessaries of life.

1(e) “family violence” includes
(i) any intentional or reckless act or omission that causes injury or property damage, the purpose of which is to intimidate or harm a family member,
(ii) any act or threatened act that causes a reasonable fear of injury or property damage, the purpose of which is to intimidate or harm a family member,
(iii) forced confinement, and (iv) sexual abuse,

but is not to be construed so as to limit a parent or a person standing in the place of a parent from using force by way of correction toward a child who is under the care of the parent or person if the force does not exceed what is reasonable under the circumstances;

2(1) Domestic violence occurs when a person is subjected by a cohabitant of the person to (a) an intentional, reckless or threatened act or omission that causes bodily harm or damage to property;
(b) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property;
(c) conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse;
(d) forced confinement; or
(e) sexual abuse.
(2) Stalking occurs when a person, without lawful excuse or authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, repeatedly engages in conduct that causes the other person reasonably, in all the circumstances, to fear for his or her own safety.

3) The conduct referred to in subsection (2) includes the person
(a) following from place to place the other person or anyone known to the other person;
(b) communicating directly or indirectly with or contacting the other person or anyone known to the other person;
(c) besetting or watching any place where the other person, or anyone known to the other person, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or anyone known to the other person.

(4) Where, but for mental incompetence or minority, a person would reasonably, in all the circumstances, fear for his or her safety owing to conduct referred to in subsection (2), the person is conclusively deemed to have the fear referred to in that subsection.

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