In Alberta, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Protection Against Family Violence Act.

Teen dating violence may fall under the Child, Youth and Family Enhancement Act and the Education Act. Other forms of relief may be available under the Employment Standards Code, the Residential Tenancies Act, and the Protecting Victims of Non-Consensual Distribution of Intimate Images Act.

Across Canada, the only targeted and uniform protection against the acts that can comprise teen dating violence – such as physical violence, sexual violence, and stalking behaviours – is found in the Criminal Code. For youth, Criminal Code offenses are administered under the Youth Criminal Justice Act. The Youth Criminal Justice Act applies to youth ages 12-17. Since these are federal laws, they apply to Alberta.

What Protective Actions Can Be Taken When a Teen is Experiencing Dating Violence?

In Alberta, there are three types of potential orders that may be used if an individual fears for their safety: (1) family violence protection orders (Emergency and King’s Bench), (2) restraining orders, and (3) peace bonds. Federally, individuals living on First Nations reserves can also apply for an emergency protection order. Each of these are described below, including likely eligibility for minors experiencing teen dating violence.

Protection Order

What is it?

  • Protection orders are issued when family violence has happened, and there is a need for protection of the victim, as well as potentially other family members who live with the victim.
  • In Alberta, there are two kinds of protection orders: Emergency Protection Orders and King’s Bench Protection Orders.
  • The main difference between an Emergency Protection Order and King’s Bench Protection Order is the need for notice. Emergency protection orders do not need notice, but need urgency, whereas King’s Bench Protection Orders require notice, but fear of violence can be less imminent.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for an Emergency Protection Order or a King’s Bench protection order under Alberta’s Protection Against Family Violence Act.
  • This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition of family member as stated in the Act. Emergency Protection Orders and King’s Bench Protection Orders are only available for violence or threats of violence between family members. The Act defines family members as:
    • Persons who are/have been married;
    • Persons who are/have been adult interdependent partners;
    • Persons who live/lived together in an intimate relationship; or,
    • Persons who have children together; or,
    • Persons related by blood, marriage, adoption or interdependent relationships.

Restraining Order

What is it?

  • A restraining order is a legal order that prohibits one person or party from contacting another person.

Who is eligible?

  • If another person makes a teen fear for their safety, the teen (aged 14 and up) or a parent/guardian can file an application for a restraining order with the Court of King’s Bench in Alberta.
  • An individual can apply for a restraining order against anyone who is causing them to fear for their safety, for someone else’s safety, or to the safety of their property. Actions of teen dating violence, including physical and sexual violence/harassment, intimidation, stalking, non-stop phone calls or text messages, and threats are examples of actions that could merit a restraining order.

What Else Should I Know?

  • You will need to complete an part of this, the person applying for the restraining order must normally tell the other person that they are filing for a restraining order (called service). The applicant should not serve the restraining order themselves. They can have a friend, family member, or Process Service deliver the document for them.
    • Depending on the circumstances, an application for a restraining order may be made with notice or without notice to the other person. If an application is made with notice, the other person will need to be given the court documents before the hearing. In urgent situations, the court may allow an application to proceed without first notifying the other person. If you are unsure which process applies to your situation or how to complete the appropriate forms, you can visit theCourt of King’s Bench of Alberta website for information about the court process. You may also wish to contact a violence prevention advocate for additional information and support.
  • Once the order has been granted, the filed order is provided to the police or RCMP for enforcement purpose.
  • The applicant will need to make an application according to Rule 12.33(1) of the Alberta Rules of Court.
    • The applicant will need to make a sworn affidavit to support the application.
    • Any person with related evidence, including minors, may be asked to provide evidence to the court.
    • Restraining orders usually last 3 months but can also be Restraining orders are generally enforceable only within the province or territory in which they are granted. Additional steps may be required if an individual wishes to have the order recognized or enforced in another province or territory.

Peace Bond

What is it?

  • A peace bond (also known as a Section 810 order) 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 (up to one year).
  • Peace bonds are issued if someone seems likely to commit a criminal offense, but the offense hasn’t actually been committed.
  • Peace bonds are not intended for emergency situations, as they can take several weeks to months to obtain (though it is possible that a temporary order can be granted in the interim).

Who is eligible?

  • Under the Criminal Code, anyone (including a minor ages 12 and up) 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.
    • Peace bonds are issued if someone seems likely to commit a criminal offense, but the offense hasn’t actually been committed.
    • Peace bonds are not intended for emergency situations, as they can take several weeks to months to obtain (though it is possible that a temporary order can be granted in the interim).
    • Information on the Peace Bond may need to be served to the person that the Peace Bond is about.

What else should I know?

  • 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. For information on where to find Justices of the Peace in your area, connect with Alberta’s Family Violence Info Line, a toll-free, 24/7, confidential, multi-lingual helpline (call or text: 310-1818).
  • Individuals can begin the process of obtaining a peace bond by going to their local court. A person called the court clerk will then provide an application form for the individual to complete. In the application form, the individual can describe their concerns, including why they fear that another person may harm them, a family member, or their property. This can include concerns that someone may share an intimate image or video of them without their consent.
  • After completing the application form, the court will usually schedule a hearing, and the person the order is about will be notified of the application and provided with a summons. A summons is a formal court order requiring this person to attend court for a hearing. At the hearing, a Justice of the Peace will review the evidence and determine whether to issue a peace bond and, if so, what conditions should be included. The court clerk will then provide further details on the service of the application and next steps.
  • You can go to the police or RCMP to assist you in getting a peace bond, but this is not required. You are able to apply directly to a Justice of the Peace through a local court. You are also not required to have a lawyer, though you are allowed to have one if you want.
  • 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.
  • A copy of the peace bond is forwarded to national RCMP headquarters, and a record of the peace bond is entered into the Canadian Police Information Centre (CPIC) database. This allows police across Canada to access the information if the individual who the order is about moves to another province or territory.

Emergency Protection Order – for those living on First Nation Reserves

What is it?

  • Emergency protection orders are issued when violence has happened, and there is a need for protection of the victim and/or their property.

Who is eligible?

  • Minors living on a First Nation Reserve likely 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 who are living on a First Nation Reserve.

What else should I know?

  • If the youth is in a marriage or common-law relationship and is living on a First Nation Reserve, then the youth can apply for an emergency protection order under this Act at a 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.

Other Potential Rights in Cases of Teen Dating Violence

  • If a tenant (including minors), or the child of a tenant, has been the victim of domestic violence (including violence experienced in a dating relationship), a tenancy agreement can be terminated prematurely with 28 days of notice under the Residential Tenancies Act.
  • To obtain this relief, the tenant needs to provide a certificate from a designated authority (medical professionals, social workers or police officers) confirming there is a risk to safety of the tenant.

  • Minors who are employed can apply for up to 10 days of domestic violence leave per year to seek medical help or legal assistance under the Employment Standard Code.
  • Domestic violence leave is available for those in dating relationships. Actions of teen dating violence, including physical and sexual abuse/harassment, stalking, non-stop phone calls or text messages, and threats are considered domestic violence under this Act.
  • To obtain this leave, the youth must have been employed by the same employer for at least 90 days. The youth also needs to give the employer as much notice as is reasonable in the circumstances.

What is it?

  • ·In Alberta, it is illegal to distribute intimate images of another without consent under the Protecting Victims of Non-consensual Distribution of Intimate Images Act.
    • Consent to the recording of the image or providing the image to another person does not mean there is consent to subsequent distribution of those images.
  • This Act applies to individuals depicted in an intimate image that has been distributed or threatened to be distributed by another person without their consent.

Who is eligible?

  • Anyone in Alberta who has had an intimate image of themselves distributed without their consent.
  • An intimate image is defined by the act as a visual recording of a person made by any means, including photos, film, or videos. This legislation also covers images that were originally taken with consent but were later distributed without consent.

What else should I know?

  • A parent or legal guardian can start a legal action on behalf of a minor child whose intimate images have been distributed without consent. The court can award damages and/or injunctions requiring takedown of the images.
    • In these cases, there is no need to prove damages.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Child, Youth and Family Enhancement Act, any person in Alberta (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under age 18 is in need of intervention has a responsibility to report it to a director of Child and Youth Services or to the police.
    • As it pertains to teen dating violence, this may be the case if the parent/guardian of the child is unable or unwilling to protect the child from physical injury or sexual abuse, from emotional injury, or from cruel and unusual treatment.
  • If an adult believes that a child’s guardian is unable or unwilling to protect their child from these kinds of injury or abuse, they must report this information. If you are unsure, you can connect with your local Child and Youth services office for consultation.
  • Failure to report these types of child endangerment may result in being found guilty of an offence. The punishment for this offence is a fine of a maximum of $10,000 and/or imprisonment for a maximum of 6 months.

 

  • Alberta’s Education Act does not specifically mention teen dating violence. However, a teacher or principal can suspend a student for a maximum of 5 days for engaging in behaviour that could physically or mentally effect the well-being of others in the school, distributing an intimate image of another person knowing that the person in the image did not consent to its distribution, or otherwise breaking the school board’s code of conduct.
  • A teacher or principal can suspend a student for this type of behaviour, whether it occurred on or off school property. A principal can also submit a written report to the board of trustees of a school board recommending that a student be expelled for this behaviour.
  • School boards across Alberta have different codes of conduct, but the prohibited actions listed in their respective codes of conduct may be broad enough to cover behaviours related to teen dating violence (e.g., conduct which harms the physical or mental well-being of another student).

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