Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Newfoundland and Labrador Law

For Educators

In Newfoundland and Labrador, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Schools Act, and the Child, Youth and Families 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 Newfoundland and Labrador.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Under Newfoundland and Labrador’s Schools Act, teachers have a responsibility to promote a safe and caring learning environment, as well as maintaining order and discipline in the school. The province’s Bullying Intervention Protocol requires that teachers intervene immediately in situations of bullying. In this protocol, bullying is defined as “repeated behaviour that is intended to cause harm to another person”. Behaviour found in youth dating violence would likely be a form of bullying included in this definition. For example, unwanted touching, making threats, spreading rumors, manipulation of relationships, and cyberbullying are examples of both bullying and youth dating violence.

Under the Children, Youth and Families Act, if a teacher has information that a child is or may need protection from physical, emotional or sexual abuse and the child’s parent does not protect the child, the teacher must immediately report this information to the school administration. Not reporting a child in need of protection is an offence. The penalty for this offence is a maximum fine of $10,000 and/or imprisonment for a maximum of 6 months.

Reporting to Child and Youth Services or Police

Under the Children, Youth and Families Act, if a teacher has information that a child is or may need protection from physical, emotional or sexual abuse and the child’s parent does not protect the child, the teacher must immediately report this information to the school administration, a social worker or a peace officer. Not reporting a child in need of protection is an offence. The penalty for this offence is a maximum fine of $10,000 and/or imprisonment for a maximum of 6 months.

For Parents

When Your Child Has Been Victimized by Youth Dating Violence

Emergency Protection Orders and Restraining Orders

Newfoundland and Labrador’s Family Violence Protection Act does not allow for emergency protection orders in response to youth dating violence. Under this act, an individual can only apply for an emergency protection order against someone they live/have lived with or someone with whom they have one or more children.

Under the Family Law Act, restraining orders are only available against a spouse to prevent them from molesting, annoying, harassing or communicating with their spouse or their children

Where an emergency protection order or restraining order is not an available remedy, a minor can apply for a peace bond to prevent further youth dating violence.

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

Emergency Protection Orders and Restraining Orders

Under the Family Law Act, restraining orders are only available against a spouse to prevent them from molesting, annoying, harassing or communicating with their spouse or their children

Where an emergency protection order or restraining order is not an available remedy, a minor can apply for a peace bond to prevent further youth dating violence.

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.