Youth Dating Violence and British Columbia Law
For Educators
In British Columbia, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the School Act, and the Child, Family and Community 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 legislations, they can be applied to British Columbia.
When a Situation of Youth Dating Violence Occurs
Reporting to a Principal or the School Board
Under British Columbia’s School Act, teachers have a duty to ensure that students obey the school board’s code of conduct. These codes of conduct vary between school boards but typically prohibit behaviour that could physically or emotionally harm others. For example, the Vancouver School Board’s code of conduct prohibits disrespectful language, physical violence and harassment, or other actions that have a harmful effect on others or the learning environment.
Although the Vancouver School Board’s code of conduct does not explicitly mention youth dating violence, teachers should refer to their own school board’s code of conduct if they encounter such behaviour. Behaviour described in this school board’s code of conduct, like physical violence, harassment and disrespectful language can be found in situations of youth dating violence.
Reporting to Child and Youth Services or Police
Under the Child, Family and Community Service Act, if a teacher has a reason to believe that a child has been or is likely to be physically, sexually or emotionally harmed or neglected by a parent, the teacher has a duty to report directly to a child welfare worker. A teacher also has a duty to report to a child welfare worker if they have reason to believe that a child has been or is likely to be physically, sexually or emotionally harmed or neglected and the child’s parent is unwilling or unable to protect them from this behaviour.
A teacher cannot be sued or have an action brought against them for reporting, unless they knowingly reported false information. If a teacher fails to report when they believe a child needs protection, they are committing an offence. This offence can be punished by a maximum fine of $10,000 and/or up to 6 months in prison. Informing a principal or colleague does not relieve a teacher from their duty to report to a child welfare worker/agency.
For Parents
In British Columbia, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the School Act, and the Child, Family and Community 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 legislations, they can be applied to British Columbia.
When Your Child Has Been Victimized by Youth Dating Violence
Protection Order
Youth experiencing dating violence cannot apply for protection orders under British Columbia’s Family Law Act. Under this Act, an individual can only apply for a protection order if they have experienced violence by a family member. A family member is a spouse/former spouse or person with whom an individual is living or has lived with in a marriage-like relationship, a person with whom an individual shares a child, your child, or a person who lives with and is related to the individual seeking protection. A parent can also apply for a protection order against relatives of their spouse with whom they live as well as relatives of their child’s other parent/guardian that live with them.
When a protection 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
In British Columbia, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the School Act, and the Child, Family and Community 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 legislations, they can be applied to British Columbia.
When You Have Been Victimized by Youth Dating Violence
Protection Order
If you are experiencing youth dating violence, you cannot apply for protection orders under British Columbia’s Family Law Act. Under this act, an individual can only apply for a protection order if they have been subjected to violence by a family member. A family member is considered a spouse/former spouse or person with whom you are living or have lived with in a marriage-like relationship, a person with whom you share child, your child, or a person who lives with and is related to you.
If a protection order is not an available solution, youth experiencing dating violence can apply for a peace bond.
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.
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.
