New domestic violence legislation coming into effect
Alberta’s version of Clare’s Law will come into effect on April 1.
At that time, people who feel they are at risk of domestic violence can apply for a disclosure to find out if their intimate partner has a history of domestic violence or related acts. The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act also lets police take a proactive approach to domestic violence prevention, and disclose relevant information to people at risk, and only to those at risk.
“Domestic violence is devastating for families and communities, which is why we are working to protect vulnerable people and give them options before violence takes place. Clare’s Law will help empower those at risk so they can protect themselves from harm. We campaigned on a promise to bring in this critical, life-saving legislation and I’m proud to see that promise become a reality,” said Rajan Sawhney, Minister of Community and Social Services.
Disclosures can only be made so a person at risk can make an informed choice about their safety. Any information released cannot be shared and must be kept confidential. Disclosures are allowed under the Freedom of Information and Protection of Privacy (FOIP) Act and safeguards are in place to ensure personal information is protected.
The Clare’s Law disclosure protocol outlines the series of steps taken when an application is received.
Under the Right to Ask protocol, any Albertan can apply for disclosure regarding their current or former intimate partner’s potential risk for domestic violence. Additionally, someone can apply on behalf of someone else if they have their consent – or without consent if they are a legal guardian or have legal authority of the person.
Under the Right to Know protocol, police can initiate a request if they have reason to suspect a person is at risk of intimate partner violence.
“One of the most difficult calls a police officer must respond to is that of domestic violence in an intimate partner relationship. These violent crimes often occur secretly behind closed doors over months or even years with intimate partners suffering in silence. Clare’s Law provides a tool that can proactively assist Albertans to make informed decisions, while protecting them from potentially being exposed to dangerous situations involving domestic violence,” said Dale McFee, president, Alberta Association of Chiefs of Police.
Applications will be available online starting April 1.
The individual whose information is or is not being disclosed will not be informed an application was made about them.
Domestic violence issues can be made more challenging during times of crisis, such as during the COVID-19 pandemic, and supports remain available for those in need. The Family Violence Info Line is available 24-7 toll-free and in more than 170 languages, at 310-1818.
Quick facts
The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act was modelled after Clare’s Law in the United Kingdom, which was named after a young woman who was killed by an ex-boyfriend with a history of domestic violence.
In 2019, domestic violence accounted for 30 per cent of police-reported violence in Canada.
From 2008 to 2019, there were 204 deaths in Alberta due to domestic and family violence, according to the Family Violence Death Review Committee.
Half of all young women and girls who are victims of domestic violence homicide in Canada were murdered by someone with a prior conviction.
Saskatchewan implemented its version of Clare’s Law in June 2020.
Newfoundland and Labrador introduced its Interpersonal Violence Disclosure Protocol Act in November 2019.
