Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Alberta Law

For Educators

In Alberta, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Child, Youth and Family Enhancement Act, the Education Act, and the Protection Against Family Violence Act.

Across Canada, the only targeted and uniform protection against youth dating violence is found in the Criminal Code and the Youth Criminal Justice Act. Since these are federal laws, they apply to Alberta.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Under Alberta’s Education Act, a teacher or principal can suspend a student for a maximum of 5 days for engaging in behaviour that could physically or mentally effect the well-being of others in the school, distributing an intimate image of another person knowing that the person in the image did not consent to its distribution, or otherwise breaking the school board’s code of conduct. A teacher or principal can suspend a student for this type of behaviour, whether it occurred on or off school property. A principal can also submit a written report to the board of trustees of a school division recommending that a student be expelled for this behaviour.

School boards across Alberta have different codes of conduct but the prohibited activities listed in their respective codes of conduct are often broad enough to cover activities related to dating violence. For example, the Calgary Board of Education’s code of conduct lists prohibited activities as any conduct which injures the physical, mental or social well-being of others. These prohibited actions are often found in instances of youth dating violence.

Reporting to Child and Youth Services or Police

Under the Child, Youth and Family Enhancement Act, if any person, including teachers, reasonably believes that a child needs intervention, they have a responsibility to report it to a director of Child and Youth Services or to the police. Situations that require intervention include when a child is subjected to physical, sexual and/or emotional abuse, or a substantial risk of it, by a guardian. If a teacher believes that the child’s guardian is unable or unwilling to protect their child from physical, emotional and/or sexual abuse, they must also report this information. If a teacher fails to report this type of child endangerment, they would be guilty of an offence. The punishment for this offence is a fine of a maximum of $10,000 and/or imprisonment for a maximum of 6 months.

For Parents

When Your Child Has Been Victimized by Youth Dating Violence

Protection Order

Persons who are/have been married;
Persons who are/have been interdependent partners;
Persons who live/lived together or have children together; or,
Persons related by blood, marriage, adoption or interdependent relationship.

Youth dating relationships would likely not meet the definition of family members.

Alternatively, a parent can apply for a restraining order or a peace bond on behalf of their child if their child is experiencing violence in their dating relationship.

Restraining Orders

If your child is experiencing violence or assault, or threat of violence or assault, they can file an application for a restraining order with the Court of Queen’s Bench in Alberta. An individual can apply for a restraining order against anyone who is causing them to fear for their safety. Actions of youth dating violence, including physical and sexual abuse/harassment, stalking, non-stop phone calls or text messages, and threats are examples of actions that would merit a restraining order.

Restraining orders can be requested against a neighbour, co-worker, someone your child is dating, parents, or adult children. If the restraining order is against someone who is not a family member, the person applying for the restraining order must tell this person that they are filing for a restraining order. Restraining orders usually last 3 months but they can also be permanent. These restraining orders cannot be used in situations of family violence. If the option to apply for a restraining order is not available, parents can apply for a peace bond on behalf of their child who is experiencing youth dating violence.

Peace Bonds

A peace bond is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time. Under the Criminal Code, anyone (including a minor) can apply to a justice for a peace bond if they have reasonable grounds to fear that another person will cause personal injury to them or will knowingly publish, distribute, transmit, sell, or make available an intimate image of a person without their consent.

The Youth Criminal Justice Act, grants Justices of the Peace the authority to make orders under the Criminal Code regarding a young person. Therefore, it is not necessary to seek a peace bond from a criminal court when you are a minor. A Justice of the Peace or the court can ask the accused person to enter into a “recognizance”, which means that the accused would have to sign an order the promises that they will keep the peace and be of good behaviour for up to 12 months.

For Youth

When You Have Been Victimized by Youth Dating Violence

Protection Order

Youth experiencing dating violence likely cannot apply for an emergency protection order or a Queen’s Bench protection order under Alberta’s Protection Against Family Violence Act. Emergency protection orders and Queen’s Bench protection orders are only available for violence or threats of violence between family members. This Act defines family members as persons who are/have been married, interdependent partners, live/lived together or have children together, or people related by blood, marriage, adoption or by interdependent relationship. Youth dating relationships would likely not meet the definition of family members.

Alternatively, youth experiencing violence in their dating relationship can apply for a restraining order or a peace bond against their partner.

Restraining Orders

Individuals experiencing violence or assault, or threat of violence or assault, can apply for a restraining order at the Court of Queen’s Bench in Alberta. An individual can apply for a restraining order against anyone who is causing them to fear for their safety. Actions of youth dating violence, including physical and sexual abuse/harassment, stalking, non-stop phone calls or text messages, and threats are examples of actions that would merit a restraining order.

Restraining orders can be requested against a neighbour, co-worker, someone you are dating, parents, or adult children. If the restraining order is against someone who is not a family member, you must tell this person that you are filing for a restraining order. Restraining orders usually last 3 months but they can also be permanent. These restraining orders cannot be used in situations of family violence.

If you cannot or are uncomfortable with applying for a restraining order, but you are still experiencing youth dating violence, you can apply for a peace bond to stop this behaviour.

Peace Bonds

Youth Criminal Justice Act, grants Justices of the Peace the authority to make orders under the Criminal Code regarding a young person. Therefore, it is not necessary to seek a peace bond from a criminal court when you are a minor. A Justice of the Peace or the court can ask the accused person to enter into a “recognizance”, which means that the accused would have to sign an order the promises that they will keep the peace and be of good behaviour for up to 12 months.

Emergency Protection Orders – for those living on First Nation Reserves

Youth living on a First Nation Reserve cannot apply for an emergency protection order under the Family Homes on Reserves and Matrimonial Interests or Rights Act. This Act only provides emergency protection orders to legally married or common-law partners, living on a First Nation Reserve, in response to family violence situations. Individuals can apply for emergency protection orders in Family Court. If an emergency protection order is granted, the abusive partner can be ordered to leave the family home on the Reserve for a maximum of 90 days or longer, depending on the judge’s decision.

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PREVNet is located at the University of Calgary, located in the heart of Southern Alberta. We acknowledge and pay tribute to the traditional territories of the peoples of Treaty 7, which include the Blackfoot Confederacy (comprised of the Siksika, the Piikani, and the Kainai First Nations), the Tsuut’ina First Nation, and the Stoney Nakoda (including Chiniki, Bearspaw, and Goodstoney First Nations). The City of Calgary is also home to the Métis Nation of Alberta (Districts 5 and 6).

PREVNet works to eliminate violence and promote healthy relationships for youth and is dedicated to working toward addressing the systemic racism and the impacts of colonization that puts marginalized groups at higher risks of violence. PREVNet believes it is our collective responsibility to listen, learn, and act to ensure the rights of Indigenous people are recognized and implemented.