Youth Dating Violence and Yukon Law
For Educators
In the Yukon, 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 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 the Yukon.
When a Situation of Youth Dating Violence Occurs
Reporting to a Principal or the School Board
Under the Yukon’s Safe and Caring Schools Policy, teachers are expected to ensure students do not engage in bullying, abusive behaviour, or commit sexual harassment or assault. Teachers must also communicate regularly with parents about this type of behaviour and how students are prohibited from engaging in it. Although youth dating violence is not explicitly prohibited by this territorial policy, the listed unacceptable behaviours can be found in situations of youth dating violence.
Under the Education Act, teachers must maintain order and discipline among students while they are in school, on school grounds or are participating in school activities. Teachers are also required to report on the behaviour of students to their parents. If a teacher has reason to suspect that a child needs protective intervention beyond talking to their parents, they are required to report to this information to the principal.
Reporting to Children’s Services or Police
Under the Child and Family Services Act, if a teacher has a reason to believe that a child needs protection, they must immediately report this information to a director of Children’s Services or a peace officer. A child needs protection if they are experiencing or are likely to experience physical, emotional of sexual abuse, from which the child’s parent does not protect them.
For Parents
In the Yukon, 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 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 the Yukon.
When Your Child Has Been Victimized by Youth Dating Violence
Restraining Orders
In the Yukon, restraining orders are only available in family violence situations. A court can issue a restraining order if an individual has a reason to believe that their spouse/former spouse or someone with whom they lived for a period of time could endanger their safety or the safety of a child in their custody.
Where a restraining order is not an available remedy, a parent on behalf of their child can apply for an emergency intervention order, victim’s assistance order or a peace bond to prevent further youth dating violence.
Emergency Intervention Orders
The Yukon’s Family Violence Prevention Act does not offer access to emergency intervention 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 with whom they are/were living in a family, spousal or intimate relationship, or who is a parent of one or more of the applicant’s children. An intimate relationship means that the victim and the abuser must have or had a relationship of intimate companionship. Youth dating relationships are not explicitly excluded from being an intimate relationship, but it will be up to a justice of the peace to determine whether your child’s dating relationship meets the definition of an intimate companionship. An emergency intervention order usually lasts 30 days.
When 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 Family Violence Protect Act, an individual can apply for a victim’s assistance order if they are experiencing violence at the hands of someone with whom they are/were living in a family, spousal or intimate relationship, or who is a parent of one or more of the applicant’s children. An intimate relationship means that the victim and the abuser must have or had a relationship of intimate companionship. Youth dating relationships are not explicitly excluded from being an intimate relationship, but it will be up to a justice of the peace to determine whether your child’s dating relationship meets the definition of an intimate companionship.
Through a victim’s assistance order, a court can make an order that includes retraining the abuser from attending places regularly attended by the victim or their family members. These orders usually last for 90 days.
When 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.
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 the Yukon, 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 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 the Yukon.
When You Have Been Victimized by Youth Dating Violence
Restraining Orders
In the Yukon, restraining orders are only available in family violence situations. A court can issue a restraining order if an individual has a reason to believe that their spouse/former spouse or someone with whom they lived for a period of time could endanger their safety or the safety of a child in their custody.
Where a restraining order is not an available remedy, a parent on behalf of their child can apply for an emergency intervention order, victim’s assistance order or a peace bond to prevent further youth dating violence.
Emergency Intervention Orders
The Yukon’s Family Violence Prevention Act does not offer access to emergency intervention 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 with whom they are/were living in a family, spousal or intimate relationship, or who is a parent of one or more of the applicant’s children. An intimate relationship means that the victim and the abuser must have or had a relationship of intimate companionship. Youth dating relationships are not explicitly excluded from being an intimate relationship, but it will be up to a justice of the peace to determine whether your child’s dating relationship meets the definition of an intimate companionship. An emergency intervention order usually lasts 30 days.
When 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 Family Violence Protect Act, an individual can apply for a victim’s assistance order if they are experiencing violence at the hands of someone with whom they are/were living in a family, spousal or intimate relationship, or who is a parent of one or more of the applicant’s children. An intimate relationship means that the victim and the abuser must have or had a relationship of intimate companionship. Youth dating relationships are not explicitly excluded from being an intimate relationship, but it will be up to a justice of the peace to determine whether your child’s dating relationship meets the definition of an intimate companionship.
Through a victim’s assistance order, a court can make an order that includes retraining the abuser from attending places regularly attended by the victim or their family members. These orders usually last for 90 days.
When 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.
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.
