Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and New Brunswick Law

For Educators

 

In New Brunswick, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, the Family Services Act, and the Intimate Partner Violence Intervention 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 New Brunswick.

When a Situation of Youth Dating Violence Occurs

Reporting to School Administration

Under the Minister of Education and Early Childhood Development’s Policy on Positive Learning and Working Environment, teachers are required to report incidents of misbehaviour by students. Misbehaviour that requires reporting includes sexual misconduct, uttering threats, and harassment. These behaviours are often found in situations of youth dating violence. Teachers are also required to keep an accurate, written record of notable incidents of misconduct and how the incidents are handled. Teachers must keep school administrators informed concerning specific and general discipline issues.

If disciplinary action is taken, including in response to youth dating violence, teachers or other school personnel must make parents/guardians aware of problems involving their child and will be encouraged to take part in developing an intervention plan, as appropriate.

Reporting to Child and Youth Services or Police

Under the Family Services Act, if a teacher has reason to believe that a child has been physically or emotionally neglected, physically or sexually mistreated (including sexual exploitation through child pornography), or otherwise abused, they must inform the Minister of Education and Early Childhood Development without delay.

A child who is 16-years-old or older may refuse this protection, unless they are considered a “disabled person”.

For Parents

 

In New Brunswick, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, the Family Services Act, and the Intimate Partner Violence Intervention 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 New Brunswick.

When Your Child Has Been Victimized by Youth Dating Violence

Restraining Orders

New Brunswick’s Family Law Act does not allow for restraining orders in response to youth dating violence. Under this act, an individual can only apply for a restraining order if they have been subjected to violence by someone with a family connection. Where a restraining order is not an available remedy, parents can apply on behalf of their child for an emergency intervention order in cases of intimate partner violence or for a peace bond.

Emergency Intervention Orders

Under the Intimate Partner Violence Act, individuals who have experienced violence from a partner to whom they are/have been married, with whom they are/have been in a conjugal relationship or with whom they are/have been in a dating/romantic relationship, they can apply for an emergency intervention order. An emergency intervention order can last up to 180 days. Individuals can apply for an emergency intervention order by speaking to a police officer, victim services, transition house, second-stage housing, a domestic violence outreach worker, and/or a social worker from the department of social development.

Teenagers are not explicitly excluded from protection under the Intimate Partner Violence Act, but will only be eligible for its protection if their relationship constitutes or constituted a “dating/romantic relationship”. When a child is not in an intimate partner relationship, they can still apply for a peace bond to prevent further 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 New Brunswick, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, the Family Services Act, and the Intimate Partner Violence Intervention 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 New Brunswick.

When You Have Been Victimized by Youth Dating Violence

Restraining Orders

New Brunswick’s Family Law Act does not allow for restraining orders in response to youth dating violence. Under this act, an individual can only apply for a restraining order if they have been subjected to violence by someone with a family connection.

Where a restraining order is not an available remedy, youth experiencing dating violence can apply for an emergency intervention order or for a peace bond.

Emergency Intervention Orders

Under the Intimate Partner Violence Act, individuals who have experienced violence from a partner to whom they are/have been married, with whom they are/have been in a conjugal relationship or with whom they are/have been in a dating/romantic relationship, they can apply for an emergency intervention order. An emergency intervention order can last up to 180 days. Individuals can apply for an emergency intervention order by speaking to a police officer, victim services, transition house, second-stage housing, a domestic violence outreach worker, and/or a social worker from the department of social development.

Youth are not explicitly excluded from protection under the Intimate Partner Violence Act, but will only be eligible for its protection if their relationship constitutes or constituted a “dating/romantic relationship”. When a child is not in an intimate partner relationship, they can still apply for a peace bond to prevent further 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.

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.