Youth Dating Violence and Nova Scotia Law
For Educators
In Nova Scotia, 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 Child and Family Services Act, and the Domestic 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 Nova Scotia.
When a Situation of Youth Dating Violence Occurs
Reporting to a Principal or the School Board
Under Nova Scotia’s Education Act, teachers are required to report instances of “unacceptable behaviour” to the school’s principal. Unacceptable behaviour includes acts of physical violence, sexual harassment and verbal abuse. These behaviours can also be found in situations of youth dating violence.
Reporting to Child Welfare Services or Police
Under the Child and Family Services Act, teachers have a duty to report if, during their professional or official duties, they have reason to suspect that a child has or may have suffered abuse, or may be at risk of abuse in the imminent future. Teachers must report this situation to their regional Child Welfare office. Teachers who fail to report can be fined a maximum of $5,000 and/or receive a maximum of one year in prison.
For Parents
In Nova Scotia, 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 Child and Family Services Act, and the Domestic 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 Nova Scotia.
When Your Child Has Been Victimized by Youth Dating Violence
Emergency Protection Order
Nova Scotia’s Domestic Violence Intervention Act does not explicitly offer protections for youth dating violence. However, under this Act, individuals who have suffered from domestic violence can apply to a justice of the peace for an emergency protection order. Peace officers, victim service workers employed by the Nova Scotia Department of Justice, the police or the RCMP, and designated employees of a transition house that is a member of the Transition House Association of Nova Scotia may also report on behalf of a victim of domestic violence.
This act defines a victim of domestic violence as a person who is at least 16 years old that has experienced violence by another person with whom they live/have lived in a conjugal relationship, or is the parent of one or more children of the victim. Domestic violence can include physical and sexual abuse, threats, stalking and repeated communication that causes the victim to fear for their safety or property.
Emergency protection orders are available 24/7, are issued by a designated justice of the peace, and remain in effect for up to 30 days, based on the justice’s direction. An emergency protection order can order the abuser to stay away from any place identified in the order, not to contact the victim or another person, and not to commit any more violence against the victim, among other things.
Where an emergency protection 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 Nova Scotia, 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 Child and Family Services Act, and the Domestic 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 Nova Scotia.
When You Have Been Victimized by Youth Dating Violence
Emergency Protection Orders
Nova Scotia’s Domestic Violence Intervention Act does not explicitly offer protections for youth dating violence. However, under this act, individuals that have suffered from domestic violence can apply to a justice of the peace for an emergency protection order. Peace officers, victim service workers employed by the Nova Scotia Department of Justice, the police or the RCMP, and designated employees of a transition house that is a member of the Transition House Association of Nova Scotia may also report on behalf of a victim of domestic violence.
This act defines a victim of domestic violence as a person who is at least 16 years old that has experienced violence by another person with whom they live/have lived in a conjugal relationship, or is the parent of one or more children of the victim. Domestic violence can include physical and sexual abuse, threats, stalking and repeated communication that causes the victim to fear for their safety or property.
Emergency Protection Orders are available 24/7, are issued by a designated justice of the peace, and remain in effect for up to 30 days, based on the justice’s direction. An Emergency Protection Order can order the abuser to stay away from any place identified in the order, not to contact the victim or another person, and not to commit any more violence against the victim, among other things.
Where an emergency protection 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.
