Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Nunavut Law

For Educators

 

In Nunavut, there is no formal legislation on youth dating violence. Nunavut also has not yet enacted legislation on bullying. Instead, rights and responsibilities relating to youth dating violence can be found in 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 Nunavut.

When a Situation of Youth Dating Violence Occurs

Under Nunavut’s Child and Family Services Act, if a teacher has reason to believe that a child needs protection from physical, sexual or emotional harm and that child’s parent should have known and/or was unwilling to protect the child adequately, they must report this information to a Child Protection worker. If a Child Protection worker is not available, the teacher should report this information to a peace officer or person authorized by the Director of Child and Family Services.

Failing to report this information or reporting malicious/untrue information is an offence. If found guilty of this offence, the teacher would receive a maximum fine of $5,000 or 6 months in prison.

For Parents

 

In Nunavut, there is no formal legislation on youth dating violence. Nunavut also has not yet enacted legislation on bullying. Instead, rights and responsibilities relating to youth dating violence can be found in 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 Nunavut.

When Your Child Has Been Victimized by Youth Dating Violence

Emergency Protection Orders/Community Intervention Orders/Assistance Orders

Nunavut’s Family Abuse Intervention Act does not offer explicit protection for situations of youth dating violence. Under this Act, an individual can apply for an emergency protection order if family abuse has occurred, it is likely to continue and the order is necessary for the immediate protection of an person. Family abuse occurs when abuse is inflicted by a person with whom the victim has a spousal, intimate, family or care relationship.

Most situations of youth dating violence will not meet the definition of intimate relationship. An intimate relationship is a relationship that exists between two people who are dating/have dated and whose lives are/were involved to such a degree that it is difficult to escape. Having just dated someone is not strong enough to prove an intimate relationship; your child must prove that boundaries are unclear and ties are difficult to sever.

Although there are other types of protection orders available for individuals experiencing violence who do not meet all three criteria for an emergency protection order, they are only available for situations of family abuse. Youth experiencing dating violence will likely not be eligible to apply for a community intervention order or an assistance order.

Where an emergency protection order, community intervention order or assistance 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 Nunavut, there is no formal legislation on youth dating violence. Nunavut also has not yet enacted legislation on bullying. Instead, rights and responsibilities relating to youth dating violence can be found in 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 Nunavut.

When You Have Been Victimized by Youth Dating Violence

Emergency Protection Orders/Community Intervention Orders/Assistance Orders

Nunavut’s Family Abuse Intervention Act does not offer explicit protection for situations of youth dating violence. Under this act, an individual can apply for an emergency protection order if family abuse has occurred, it is likely to continue and the order is necessary for the immediate protection of an person. Family abuse occurs when abuse is inflicted by a person with whom the victim has a spousal, intimate, family or care relationship.

Most situations of youth dating violence will not meet the definition of intimate relationship. An intimate relationship is a relationship that exists between two people who are dating/have dated and whose lives are/were involved to such a degree that it is difficult to escape. Having just dated someone is not strong enough to prove an intimate relationship, the applicant must prove that boundaries are unclear and ties are difficult to sever.

If the situation does not meet all three criteria for an emergency protection order, an individual can apply for a community intervention order if family abuse has occurred. They can also apply for an assistance order if family abuse has occurred and is likely to continue/resume/repeat.

Where an emergency protection order, community intervention order or assistance 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.

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.