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Claimant to Abuser Relationships
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
Positions Mandated
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
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Types of Conduct Captured
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
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Remedies Available
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 to Abuser Relationships
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
Jurisdictions
- British Columbia
- Alberta
- Saskatchewan
- Manitoba
- Ontario
- Québec
- New Brunswick
- Nova Scotia
- Prince Edward Island
- Newfoundland
- Nunavut
- Northwest Territories
- Yukon
- Canada
Types of Conduct Captured
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
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- British Columbia
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- Prince Edward Island
- Newfoundland
- Nunavut
- Northwest Territories
- Yukon
- Canada
Crown Counsel Policy Manual – SPO1 Spousal Violence – Updated March 9, 2011
Crown Policy Manual: Spouse/Partner Offences
Crown Prosecutor’s Policy Manual: Domestic Violence Guidelines and Domestic Violence Handbook for Police and Crown Prosecutors in Alberta
Department of Justice Public Prosecutions Policy Directive Guideline No. 2:DOM:1
Directeur des poursuites criminelles et pénales du Québec: Violence Conjugale – Intervention du Procureur (vio-1)
Family Abuse Intervention Act, S.Nu. 2006, c. 18
Nova Scotia Public Prosecution Service: Spousal/Partner Violence
Policy Manual: Policy and Practice Directive (SPO1)
Jurisdiction(s):
- Saskatchewan
Source Document(s):
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The Policy Manual: Policy and Practice Directive (SP01) is not available online, but may be requested from the Government of Saskatchewan. Click here for contact information: [http://www.justice.gov.sk.ca/]