Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Ontario Law

For Educators

In Ontario, 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, Youth 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 apply to Ontario.When a Situation of Youth Dating Violence Occurs

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Under the Education Act, teachers who become aware that a student has engaged in behaviour worthy of a suspension must report the matter to the principal of the school. Behaviours that must be reported to the principal include: uttering a threat to inflict serious bodily harm on another person; possessing alcohol, illegal drugs or cannabis (unless it is for medicinal purposes); swearing at a teacher or other person in a position of authority; committing an act of vandalism that causes extensive damage to school property; bullying; or, any other activity that is an activity for which a principal may suspend a student under the school board’s policy.

While perpetrating youth dating violence is not listed as behaviour that meets the criteria for a suspension in the Education Act, “any other activity that is an activity for which a principal may suspend a student under the school board’s policy” would likely include behaviours that are often found in situations of youth dating violence. Consequently, teachers would likely have an obligation to report youth dating violence behaviour to the school’s principal.

Individual school boards have their own policies on grounds for suspension. For example, the Toronto District School Board’s Gender-Based Violence policy requires that all employees of the Board must report incidents of gender-based violence to the school principal. These incidents can include sexual assault, sexual harassment, and emotional abuse, which can reflect forms of dating violence.

Reporting to Children’s Aid Society or Police

Under the Child, Youth and Family Services Act, a teacher has a duty to report to the Children’s Aid Society, where they have reasonable grounds to suspect that a child is being or at risk of being physically abused, sexually abused, subject to physical harm, and/or is suffering emotional harm, and the child’s care taker is unable to or neglecting to care for or protect them. This duty applies to children under 16. Under this act, failing to file a report is an offence. Teachers who fail to report can receive a fine not more than $5,000.

For Parents

When Your Child Has Been Victimized by Youth Dating Violence

Restraining Orders

Ontario’s Family Law Act does not allow for restraining orders in response to youth dating violence. Under this act, a parent can only seek a restraining order against a spouse/former spouse or person the applicant has dated and lived with, and only if they have reasonable grounds to fear for their own safety or the safety of any child in their custody. A parent cannot apply for a restraining order against a person they are dating but have not lived with.

When a restraining order is not possible. Parents can still ask the court for a peace bond, which can be made against anyone.

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

Restraining Orders

Ontario’s Family Law Act does not allow for restraining orders in response to youth dating violence. Under this act, an individual can only seek a restraining order against a spouse/former spouse or person the applicant has dated and lived with, and only if they have reasonable grounds to fear for their own safety. An individual cannot apply for a restraining order against a person they are dating but have not lived with. Because of these requirements to obtain a restraining order, typically a minor cannot get a restraining order in response to experiencing youth dating violence.

When a restraining order is not possible. A minor can still ask the court for a peace bond, which can be made against any one.

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.

Back to Map

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.