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

Teen dating violence may fall under the Child, Youth and Families Act and the Schools Act. Other forms of relief may be available under the Labour Standards Act, the Residential Tenancies Act, and the Intimate Images Protection 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 Newfoundland and Labrador.

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

In Newfoundland and Labrador, there are two types of potential orders that may be used if an individual fears for their safety: (1) emergency protection orders and (2) 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.

What is it?

  • An emergency protection order is a legal order that prohibits one person or party from contacting another person.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for an Emergency Protection Order under Newfoundland and Labrador’s Family Violence Protection Act.
    • This is because, unless the youth are living together or have a child in common, dating relationships would likely not meet the definition of an applicant as stated in the Act. The Act defines eligible applicants as
      • Persons who are/have been in a conjugal relationship, whether inside or outside of marriage;
      • Persons who have children together; or,
      • Persons related by blood, marriage, adoption or an interdependent relationship.

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 Newfoundland & Labrador’s Domestic Violence Help Line, available 24 hours a day, 7 days a week (call or text: 1-888-709-7090).  
  • 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.
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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 the child of a tenant, has been the victim of domestic, sexual, or intimate partner violence (including violence experienced in a dating relationship), a tenancy agreement can be terminated prematurely with 30 days of notice under the Residential Tenancies Act.
  • To obtain this relief, the tenant needs to provide a certificate to the landlord. The certificate is issued by the Director of Residential Tenancies. The Director is obligated to respond to a request for certification within 5 business days.
  • A certificate may be obtained by providing the Director of Residential Tenancies with:
    • A copy of an emergency protection order under the Family Violence Protection Act; or,
    • A statement from a professional (medical practitioner, nurse, social worker, RCMP) confirming that the tenant or a child residing with the tenant has been the subject of family violence.

  • Minors who are employed can apply for 3 days paid leave and 7 days unpaid leave per year to seek medical help or legal assistance for domestic, sexual, or intimate partner violence under the Labour Standards Act. Family violence is narrowly defined but includes those who has been in an intimate relationship, which appears to include dating relationships.
  • To obtain this leave, the youth must have been employed by the same employer for at least 30 days. The youth also need to give the employer as much notice as is reasonable in the circumstances.

What is it?

  • In Newfoundland & Labrador, it is illegal to distribute intimate images of another without consent under the Intimate Images Protection 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 by another person without their consent.

Who is eligible?

  • Anyone in Newfoundland & Labrador 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.

What else should I know?

  • A minor or their parent can start a legal action if intimate images have been distributed without consent. The court can award damages and/or injunctions requiring takedown of the images. There will be an automatic publication ban if persons involved are minors.
    • There is no need to prove damages.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Children, Youth and Families Act, any person in Newfoundland & Labrador who performs professional or official duties with respect to a child under 16 years of age (e.g., heath care professionals, psychologists, teachers, principals, religious leaders, etc.) and who reasonably believes that the child is in need of intervention, has a responsibility to report it to a manager, social worker, or peace officer.
    • 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 harm, emotional harm, or sexual abuse or exploitation. Reporting is also required for children under 12 years of age who have caused injury to or threatened to cause injury to another person.
  • If a person has information that a child is or may need protection from physical, emotional or sexual abuse and the child’s parent does not protect the child, they must immediately report this information to a manager, social worker, or peace officer. If you are unsure, you can connect with your local child welfare 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 maximum fine of $10,000 and/or imprisonment for a maximum of 6 months.

  • Newfoundland & Labrador’s Schools Act does not specifically mention teen dating violence. However, teachers do have a responsibility to promote a safe and caring learning environment, as well as maintain order and discipline in the school.
    • The province’s Bullying Intervention Protocol requires that teachers intervene immediately in situations of bullying. In this protocol, bullying is defined as “repeated behaviour that is intended to cause harm to another person”. Teen dating violence behaviours may be considered a form of bullying that are covered by this definition.

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