Youth Dating Violence Prevention 101

What Everyone Needs to Know

Youth Dating Violence and Saskatchewan Law

For Educators

 

In Saskatchewan, 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, the Victims of Interpersonal Violence Act and the Queen’s Bench 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 Saskatchewan.

When a Situation of Youth Dating Violence Occurs

Reporting to a Principal or the School Board

Saskatchewan does not have a clear reporting scheme for situations of youth dating violence at school, but its policies on bullying can be interpreted to apply to situations of youth dating violence. The province describes bullying as physical, emotional, psychological or social acts intended to harm, isolate, or embarrass another. These actions include unwanted physical contact, name calling, threats, spreading rumors, sending inappropriate images to others without permission/consent, and using technology to spread hurtful messages or images. These actions are often present in situations of youth dating violence.

The Ministry of Education’s Model Policy on bullying prevention suggests that teachers should be required to report incidents of bullying to school administrators, but this is just a recommendation. The Education Act, gives school boards the power to determine how teachers can report to school management. If a teacher learns about a situation of youth dating violence, they should consult their school board’s bylaws for direction on how to handle it.

Reporting to Child and Family Services or Police

In Saskatchewan, teachers are required to report information about the victim of youth dating violence, as well as the abuser.

Under the Child and Family Services Act, if a teacher has information that a child needs protection, they should report it to a Child and Family Services officer or a peace officer. A child needs protection if they experienced or are likely to experience physical, emotional or sexual harm from which their parent fails or is unable to protect them.

Teachers are also required to report information that gives them reason to believe a child under the age of 12 has committed an act, that if they were older than 12, would be considered an offence under Canada’s Criminal Code. Examples of actions that would be considered an offence under the Criminal Code and are often found in situations of youth dating violence include inflicting physical or sexual harm, and distributing an intimate image of another person without their consent.

For Parents

 

In Saskatchewan, 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, the Victims of Interpersonal Violence Act and the Queen’s Bench 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 Saskatchewan.

When Your Child Has Been Victimized by Youth Dating Violence

Emergency Intervention Order

Although Saskatchewan has laws that protect individuals experiencing interpersonal violence, it does not explicitly protect youth in situations of dating violence. Under the Victims of Interpersonal Violence Act, individuals who have experienced violence at the hands of someone they live/have lived with, have an intimate or caregiving relationship with, or have children with, they can apply for an emergency protection order. Although this act does not describe what an intimate relationship must be, it is likely that youth dating relationships do not meet this definition.

Where an emergency protection order is not an available remedy, a parent on behalf of their child can apply for a victim’s assistance order or a peace bond to prevent further youth dating violence.

Victim’s Assistance Orders

Under the Victims of Interpersonal Violence Act, if a court determines that interpersonal violence has occurred, it can issue a victim’s assistance order in non-emergency situations. An individual experiencing interpersonal violence must apply to the Court of Queen’s Bench for a victim’s assistance order. This type of order can prevent an individual from attending any specified place regularly visited by the victim, or making any communication likely to cause annoyance or alarm to the victim, including communication to the victim’s family or any other people with whom communication would likely cause annoyance or harm to the victim, among other responses.

If a parent receives approval from the Court of Queen’s Bench, they can make an application for a victim’s assistance order on behalf of their child. Where a victim’s 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.

Restraining Order

The Queen’s Bench Act, allows judges to make an order restraining a person from annoying, harassing, communicating or otherwise interfering with the applicant. In order for a judge to issue a restraining order, an application for this order must be submitted. However, restraining orders are typically available for situations of family violence.

Where a restraining order is not an available remedy, a parent on behalf of their child can apply for a victim’s assistance order or 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 Saskatchewan, 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, the Victims of Interpersonal Violence Act and the Queen’s Bench 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 Saskatchewan.

When You Have Been Victimized by Youth Dating Violence

Emergency Intervention Order

Although Saskatchewan has laws that protect individuals experiencing interpersonal violence, it does not explicitly protect youth in situations of dating violence. Under the Victims of Interpersonal Violence Act, individuals who have experienced violence at the hands of someone they live/have lived with, have an intimate or caregiving relationship with, or have children with, they can apply for an emergency protection order. Although this act does not describe what an intimate relationship must be, it is likely that youth dating relationships do not meet this definition.

Where an emergency protection order is not an available remedy, a parent on behalf of their child can apply for a victim’s assistance order or a peace bond to prevent further youth dating violence.

Victim’s Assistance Orders

Under the Victims of Interpersonal Violence Act, if a court determines that interpersonal violence has occurred, it can issue a victim’s assistance order in non-emergency situations. An individual experiencing interpersonal violence must apply to the Court of Queen’s Bench for a victim’s assistance order. This type of order can prevent an individual from attending any specified place regularly visited by the victim, or making any communication likely to cause annoyance or alarm to the victim, including communication to the victim’s family or any other people with whom communication would likely cause annoyance or harm to the victim, among other responses.

If a parent receives approval from the Court of Queen’s Bench, they can make an application for a victim’s assistance order on behalf of their child.

Restraining Order

The Queen’s Bench Act, allows judges to make an order restraining a person from annoying, harassing, communicating or otherwise interfering with the applicant. In order for a judge to issue a restraining order, an application for this order must be submitted. However, restraining orders are typically available for situations of family violence.

Where a restraining order is not an available remedy, youth experiencing dating violence can apply for a victim’s assistance order or 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.