Policies At Large
Crown policies
Claimant is (or was) in any of the following relationships with the abuser, even if they have not resided together Claimant resides (or has resided) with the abuser in any of the following relationships Conjugal / intimate Conjugal / intimate Dating Family Family Marriage / common law Marriage / common law Other Other Parenting
Alternative measures Assess risk of harm to victim Consider alternate sources of evidence Consider s. 718.2 of Criminal Code Determine reason for reluctance Information Judicial Interim Release Make use of victim impact statement Notify victim of outcome Opposed to diversion with exceptions Peace bond Proceed if reasonable likelihood of conviction and in public interest Prosecute breach of bail conditions Prosecution Provide information to victims on timely basis Seek protective conditions Seek protective conditions Sentencing Should not be used in lieu of prosecution Witness
Bodily harm Damage to property Deprivation of necessities of life Financial abuse Forced confinement Intimidation or fear for safety Psychological, mental or emotional abuse Sexual Abuse/Sexual Assault Stalking
Legislative Policies
Cause of action for stalking in tort Compensation Confidentiality Counseling or therapy Exclusive occupation of home Posting of bonds to secure compliance Prohibition against further family violence Prohibition against selling, converting or damaging property Removal of abuser Restraining order Seizure of personal property used for abuse or stalking Seizure of weapons Suspension of driver’s licence used for abuse or stalking Temporary care and custody of children Temporary possession of personal property
Claimant is (or was) in any of the following relationships with the abuser, even if they have not resided together Claimant resides (or has resided) with the abuser in any of the following relationships Conjugal / intimate Conjugal / intimate Dating Family Family Marriage / common law Marriage / common law Other Other Parenting
Bodily harm Damage to property Deprivation of necessities of life Financial abuse Forced confinement Intimidation or fear for safety Psychological, mental or emotional abuse Sexual Abuse/Sexual Assault Stalking
This analysis is limited to legislation dealing specifically with intimate partner violence. Remedies may be available under other statutes, including the Criminal Code, R.S.C. 1985, c. C-46 as well as other provincial/territorial legislation. For example, in Ontario, the court has authority to grant a restraining order pursuant to theChildren’s Law Reform Act, R.S.O. 1990, c. C.12 and Family Law Act, R.S.O. 1990, c. F.3.
