Youth Dating Violence and Manitoba Law

For Educators

In Manitoba, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Public Schools Act, the Child and Family Services Act, and the Domestic Violence and Stalking 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 Manitoba.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Under Manitoba’s Public Schools Act, teachers must report students conduct that violates the school’s code of conduct to the school’s principal as soon as reasonably possible. Schools in Manitoba are required to prohibit behaviour that is physically, sexually or psychologically abusive. Most schools’ codes of conduct will not explicitly mention youth dating violence, but these prohibited behaviours are often found in situations of youth dating violence.

Reporting to Child and Youth Services or Police

Under the Child and Family Services Act, if a teacher has a reason to believe that a child has been or is in danger of being abused, including harm or injury due to child pornography, they must report this information to the Child and Family Services in their region. Teachers are also required to report the information that has led them to believe a child needs protection to Child and Family Services in their region, or to a parent/guardian of the child.

For Parents

In Manitoba, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Public Schools Act, the Child and Family Services Act, and the Domestic Violence and Stalking 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 Manitoba.

When Your Child Has Been Victimized by Youth Dating Violence

Protection Order

Under the Domestic Violence and Stalking Act, individuals can apply to justices of the peace for protection orders if they have been victims of domestic violence. Domestic violence occurs when one person is subjected to harmful behaviour at the hands of the person with whom they have or had a dating relationship. An individual can apply for a protection order regardless of whether they ever lived with their abuser. A parent can apply for a protection order on behalf of their child. When applying for the protection order, proof of stalking or domestic violence must be provided under oath. This protection order is valid for 3 years. If a protection order is not available as a solution, a parent can also 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 Manitoba, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Public Schools Act, the Child and Family Services Act, and the Domestic Violence and Stalking 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 Manitoba.

When You Have Been Victimized by Youth Dating Violence

Protection Order

Under the Domestic Violence and Stalking Act, individuals can apply to justices of the peace for protection orders if they have been victims of domestic violence. Domestic violence occurs when one person is subjected to harmful behaviour at the hands of the person with whom they have or had a dating relationship. An individual can apply for a protection order regardless of whether they ever lived with their abuser. When applying for the protection order, proof of stalking or domestic violence must be provided under oath. This protection order is valid for 3 years.

If a protection order is not available, youth experiencing dating violence can apply for a peace bond to stop this behaviour.

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

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.