Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Quebec Law

For Educators

In Québec, 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 Youth Protection Act, and the Code of Civil Procedure.

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 Québec.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Under Québec’s Education Act, teachers are required to implement and follow the school’s anti- bullying and anti-violence plan to ensure that no student is a victim of this type of behaviour. All schools in Québec are required to adopt an anti-bullying and anti-violence plan that includes how teachers must report these incidents.

This Act defines bullying as any repeated direct or indirect behaviour of one individual which causes distress and injures, hurts, oppresses, intimidates or ostracizes another. This behaviour can also occur online. Violence is defined as any intentional verbal, written, physical, psychological or sexual force which causes distress and injures, hurts or oppresses another, their rights or their property. Although youth dating violence is not listed as prohibited behaviour, the behaviours listed can be found in situations of youth dating violence. How a teacher reports on these behaviours is outlined by their school’s anti-bullying and anti-violence plan.

Reporting to Youth Protection or Police

Under the Youth Protection Act, if a teacher has reason to believe that the safety or development of a child is in danger or may be in danger, they must report this information to the Director of Youth Protection immediately. A child is in danger if they experience or may experience psychological, sexual or physical abuse from which the child’s parent is unable or fails to take steps to protect them.

For Parents

When Your Child Has Been Victimized by Youth Dating Violence

Protection Order

Under Québec’s Code of Civil Procedure, an individual can apply to a Superior Court for a protection order. A protection order is granted when the applicant’s life, health or safety is threatened by violence, even if the abuser has not committed a crime. A protection order can be used to prevent another person from injuring you, damaging your property, and broadcasting private images or videos without consent. It can also require another person so stop threatening behaviour, harassment, communicating with the victim, and to stay away from the victim’s home and any place they frequent. The length of time and conditions of the protection order will be set by the Superior Court and will not be longer than 3 years. The Court can also issue urgent protection orders that last 10 days.

An organization or another person, including a parent, can apply for an order of protection on behalf of the person experiencing the violence with their consent or with authorisation from the Superior Court.

If you are applying to the Superior Court for a protection order on behalf of your child and you are not represented by a lawyer, you must complete an application form that describes the violent situation and what you and your child are asking the court to do about it. This application form must include proof that the violent situation had a negative impact on your child’s life, health or safety.

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

Protection Order

Under Québec’s Code of Civil Procedure, an individual can apply to a Superior Court for a protection order. A protection order is granted when the applicant’s life, health or safety is threatened by violence. A protection order can be used to prevent another person from injuring you, damaging your property, and broadcasting private images or videos without consent. It can also require another person so stop threatening behaviour, harassment, communicating with the victim, and to stay away from the victim’s home and any place they frequent. The length of time and conditions of the protection order will be set by the Superior Court and will not be longer than 3 years.

If you are applying to the Superior Court for a protection order and you are not represented by a lawyer, you must complete an application form that describes the violent situation and what you are asking the court to do about it. This application form must include proof that the violent situation had a negative impact on your life, health or safety.

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.

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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.