In Manitoba, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Domestic Violence and Stalking Act.

Teen dating violence may fall under the Child and Family Services Act and the Public Schools Act. Other forms of relief may be available under the Employment Standards Code, the Residential Tenancies Act, and the 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 Manitoba.

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

In Manitoba, there are three types of potential orders that may be used if an individual fears for their safety: (1) protection orders, (2) prevention 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?

  • A protection order is a court order that forbids a person from having contact with another person.
  • In Manitoba, individuals can apply to a justice of the peace for a protection order if they have been victims of domestic violence. Domestic violence occurs when a person is subjected to harmful behaviour by someone with whom they have or had a dating relationship.

Who is eligible?

  • Minors experiencing teen dating violence may be able to apply for a protection order under Manitoba’s Domestic Violence and Stalking Act.
    • This is because the act specifies that people in dating relationships are eligible to apply, whether or not they have lived together or have a child in common. However, the act does not specify age requirements for applications, and so it is possible the court may not consider the act applicable to minors. If minors are considered eligible by the court, they will need a parent or guardian to apply on their behalf (i.e., they are not eligible to apply on their own). When applying for a protection order, proof of stalking or domestic violence must be provided under oath.

What else should I know?

  • A protection order is valid for 3 years.
  • A court can issue a publication ban to prevent broadcasting of information that would identify a child.

Prevention Order

What is it?

  • A prevention order is another remedy available under the Domestic Violence and Stalking Act. Individuals experiencing domestic violence or stalking can apply to the Court of King’s Bench for a prevention order. Like a protection order, a prevention order can also forbid a person from having contact with another person.
  • The main difference between a protection order and a prevention order is that the Court of King’s Bench has wider authority, especially with property, so a prevention order can include additional terms such as:
    • Granting exclusive occupation to family home or personal property.
    • Prohibiting an abuser from damaging or dealing with property of the applicant.
    • Authorizing police to seize items used to further domestic violence or stalking, such as weapons or vehicles.

Who is eligible?

  • Minors experiencing teen dating violence may be able to apply for a prevention order under Manitoba’s Domestic Violence and Stalking Act.
    • This is because the act specifies that people in dating relationships are eligible to apply, whether or not they have lived together or have a child in common. However, the act does not specify age requirements for applications, and so it is possible the court may not consider the act applicable to minors. If minors are considered eligible by the court, they will need a parent or guardian to apply on their behalf (i.e., they are not eligible to apply on their own).

What else should I know?

  • There are more procedural steps involved in getting a prevention order, as compared to a protection order. It is also more expensive to get a prevention order. A hearing with presentation of evidence is required. A prevention order remains in effect indefinitely unless the judge specifies an expiry date.
  • A court can issue a publication ban to prevent broadcasting of information that would identify a child.

 

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 Coderegarding 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 a court with Justices of the Peace in your area, connect with the Government of Manitoba’s 24/7, confidential Domestic Violence Crisis line (1-877-977-0007).
  • 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?

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 a 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 notice for one payment period under the Residential Tenancies Act.
  • To obtain this relief, the tenant needs to provide notice to the landlord indicating that the tenant or a child of a tenant has been a subject of domestic, interpersonal or sexual violence, or stalking.

  • Minors who are employed can apply for 5 days of paid leave, 5 days of unpaid leave, and an additional 17 weeks of unpaid leave per year to seek medical help or legal assistance relating to interpersonal violence (domestic violence and stalking) under the Employment Standard Code.
  • Interpersonal violence leave is available for those in dating relationships. Actions of youth 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 need to give the employer as much notice as is reasonable in the circumstances.

What is it?

  • In Manitoba, It is illegal to distribute intimate images of another without consent under the 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 by another person without their consent.

Who is eligible?

  • Anyone in Manitoba who has had an intimate image of themselves distributed without their consent.
    • An intimate image includes bother personal and fake intimate images.

What else should I know?

  • A parent or legal guardian can start a legal action on behalf of a child whose intimate images has 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 and Family Services Act, any person in Manitoba (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under the age of 18 is in need of intervention has a responsibility to report it to Child and Family Services (or Indigenous Service Provider, if relevant) in their region.
    • As it pertains to teen dating violence, this may be the case if the parent/guardian of the child is unable or unwilling to provide adequate care, supervision or control of the child, including failure to protect from abuse, harm, injury, aggression, or sexual harassment that endangers the life, health, or emotional well-being of the child.
  • 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 Family 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 $50,000 and/or imprisonment for a maximum of 24 months.

  • Manitoba’s Public Schools Act does not specifically mention teen dating violence. However, teachers must report student conduct that violates the school’s code of conduct to the school’s principal as soon as reasonably possible.
  • Schools in Manitoba are also required to prohibit behaviour that is physically, sexually or psychologically abusive. Most schools’ codes of conduct will not explicitly mention teen dating violence, but these prohibited behaviours may be broad enough to cover behaviours related to dating violence, even if it is not specifically named.

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