Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Prince Edward Island Law

For Educators

 

In Prince Edward Island, 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 Protection 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 Prince Edward Island.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal

Under Prince Edward Island’s Education Act, teachers are required to maintain order and discipline in the school. PEI’s Public Schools Branch Operational Policy on Student Suspension lists examples of unacceptable behaviour that can be grounds for suspension, including uttering threats to inflict serious bodily harm on another, acts of verbal or physical abuse, bullying or cyberbullying, or any other behaviour that the principal considers to negatively affect the school environment. Although this policy does not explicitly prohibit youth dating violence, the behaviour listed is typically found in situations of youth dating violence. Teachers can move to suspend a student whether his behaviour occurred at or outside of school.

When a teacher moves to suspend a student because the student acted in one of these ways, the teacher must provide written notice to the principal and to the child’s parent/guardian. The teacher must also meet with the student to discuss their exclusion from class. Under this policy, a teacher can only suspend a student for a maximum of half a day. A principal can suspend a student for a maximum of five days.

Reporting to Child Protection or Police

Under the Child Protection Act, if a teacher has reason to suspect that a child needs protection, they must report it to the Director of Child Protection or a peace officer. A child needs protection if they experienced or are likely to experience physical, sexual or emotional abuse from which their parent is unwilling or unable to protect the child. A teacher will not be punished for reporting this information unless they report information they knew was false or misleading.

For Parents

 

In Prince Edward Island, 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 Protection 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 Prince Edward Island.

When Your Child Has Been Victimized by Youth Dating Violence

Emergency Protection Orders/Restraining Orders

Prince Edward Island’s Victims of Family Violence Act does not offer access to emergency protection orders for youth experiencing dating violence. Under this Act, emergency protection orders are only available for individuals who experience violence at the hands of someone to whom they are/were married, someone they have lived with in a spousal/sexual relationship, or someone who is part of the same family as the victim.

Victims of youth dating violence are also excluded from apply for a restraining order. Under PEI’s Family Law Act, individuals can only apply for a restraining order against and individual’s spouse or former spouse, and only if the individual and their spouse/former spouse are living apart with no reasonable chance that they will get back together.

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 Prince Edward Island, 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 Protection 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 Prince Edward Island.

When You Have Been Victimized by Youth Dating Violence

Emergency Protection Orders/Restraining Orders

Prince Edward Island’s Victims of Family Violence Act does not offer access to emergency protection orders for victims of youth dating violence. Under this act, emergency protection orders are only available for individuals who suffer violence at the hands of someone to whom they are/were married, someone they have lived with in a spousal/sexual relationship, or someone who is part of the same family as the victim.

Victims of youth dating violence are also excluded from apply for a restraining order. Under PEI’s Family Law Act, individuals can only apply for a restraining order against and individual’s spouse or former spouse, and only if the individual and their spouse/former spouse are living apart with no reasonable chance that they will get back together.

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.