Youth Dating Violence and Northwest Territories Law
For Educators
In Northwest Territories, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, and the Child and Family Services 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 Northwest Territories.
When a Situation of Youth Dating Violence Occurs
Reporting to a Principal or the School Board
Under the Education Act, teachers and school administrators have a duty to ensure the safety and students. This act defines bullying as behaviour that causes harm, fear or distress to another individual. This behaviour includes causing physical, psychological, social or academic harm to another student, their reputation and/or their property by physical, verbal, electronic, written or other means. Although this Act does not explicitly prohibit youth dating violence, these behaviours are often found in situations of youth dating violence.
As part of the Education Act, the Safe Schools Regulations require all schools in the Northwest Territories to establish Safe and Caring School Committees that develop safe school plans to address bullying. These plans include guidelines on how teachers can report incidents of bullying. A teacher is required to report instances of youth dating violence if the behaviour meets the Education Act’s definition of bullying. The way in which a teacher can report this behaviour may depend on the policies of an individual school’s safe school plan.
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 needs protection they have a duty to report the matter to a Child Protection Worker. If a Child Protection Worker is not available, the teacher must report to a peace officer or an authorized person. A teacher cannot delegate the duty to report to another person.
A child needs protection if they have faced or are likely to face physical, sexual or emotional abuse that the child’s parent does not, refuses to or cannot provide protection from.
For Parents
In Northwest Territories, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, and the Child and Family Services 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 Northwest Territories.
When Your Child Has Been Victimized by Youth Dating Violence
Emergency Protection Order
The Northwest Territories’ Protection Against Family Violence Act does not offer protection for youth experiencing dating violence. Emergency protection orders are only available for individuals who have experienced family violence from someone with whom they lived or are currently living in an intimate situation, if the abuser is a spouse/former spouse, or if the individual and abuser share one or more children.
Where an emergency protection order is not an available remedy, a parent on behalf of their child can apply for a restraining order or a peace bond to prevent further youth dating violence.
Restraining Orders
Restraining Orders are typically not available for situations of youth dating violence. Under the Children’s Law Act, a court can only grant a restraining order against someone that the applicant is living/has lived with, or against someone who is the parent of a child in the applicant’s custody.
Where an emergency protection order or restraining order is not an available remedy, a parent on behalf of their child can apply for a peace bond to prevent further 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 Northwest Territories, there is no formal legislation on youth dating violence. Instead, rights and responsibilities relating to this topic can be found in the Education Act, and the Child and Family Services 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 Northwest Territories.
When You Have Been Victimized by Youth Dating Violence
Emergency Protection Order
The Northwest Territories’ Protection Against Family Violence Act does not offer protection for situations of youth dating violence. Emergency protection orders are only available for individuals who have experienced family violence from someone with whom they lived or are currently living in an intimate situation, if the abuser is a spouse/former spouse, or if an individual and their abuser share one or more children.
Where an emergency protection order is not an available remedy, youth experiencing dating violence can apply for a restraining order or a peace bond to prevent violence.
Restraining Orders
Restraining Orders are typically not available for situations of youth dating violence. Under the Children’s Law Act, a court can only grant a restraining order against someone that the applicant is living/has lived with, or against someone who is the parent of a child in the applicant’s custody.
Where an emergency protection order or restraining order is not an available remedy, youth experiencing dating violence can apply for a peace bond to prevent further 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.
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.
