In Nova Scotia, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Domestic Violence Intervention Act.

Teen dating violence may fall under the Children and Family Services Act and the  Education Act. Other forms of relief may be available under the Labour Standards Code, the Residential Tenancies Act, and the Intimate Images and Cyber-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 Nova Scotia.

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

In Nova Scotia, 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?

  • Protection orders are issued when domestic 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.
    • An emergency protection order can order a perpetrator of domestic violence to stay away from any place identified in the order, not to contact the victim or another person, and not to commit any more violence against the victim, among other things.
  • Emergency protection orders are available 24/7 and remain in effect for up to 30 days based on the justice’s direction.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for an Emergency Protection Order under Nova Scotia’sDomestic Violence Intervention Act. However, the act does specify that individuals aged 16 and up can apply for an Emergency Protection Order if their relationship meets the definition below.
    • This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definitions within this Act. To apply for a protection order, the victim has to be at least 16 years of age and have experienced domestic violence by another person who:
      • Lives with or has lived with the victim in a conjugal relationship; or,
      • Is a parent of one or more children with the victim (regardless of marital status or living situation).
    • Peace officers, victim service workers employed by the Nova Scotia Department of Justice, the police or the RCMP, and designated employees of a transition house that is a member of the Transition House Association of Nova Scotia, may also report on behalf of a victim of domestic violence.

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 Nova Scotia’s Neighbours, Friends, and Families Line at 1-855-225-0220.
  • 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 aged 16 and up) is a victim of domestic violence, a tenancy agreement can be terminated prematurely under the Residential Tenancies Act. However, this Act uses the same definition of family violence as the Domestic Violence Intervention Act, and so dating relationships where there is not a child in common or the partners are not living together are unlikely to meet eligibility criteria.

  • Minors who are employed can apply for up to 10 days of domestic violence leave per year (and up to 16 weeks of leave in a continuous period) to seek medical help or legal assistance related to domestic violence under the Labour Standards 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 need to give the employer as much notice as is reasonable in the circumstances.

What is it?

  • In Nova Scotia, It is illegal to distribute intimate images of another without consent under the Intimate Images and Cyber-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 by another person without their consent.
  • This Act also includes cyberbullying as a prohibited action. It is possible that technology-facilitated teen dating violence could fall under the definition of cyberbullying (e.g., threats, intimidation, menacing conduct; disclosure of sensitive personal facts; harassment).

Who is eligible?

  • Anyone in Nova Scotia who has had an intimate image of themselves distributed without their consent, and/or who was the victim of cyberbullying.
    • An intimate image is defined by the act as a visual recording of a person made by any means, including photos, film, or videos.
    • Cyberbullying is defined as electronic communications (e.g., text messages, photographs, writing) that cause or are likely to cause harm to a person’s health or well-being, where the person responsible for the communication maliciously intended to cause harm to their health or well-being.

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, and/or who was the victim of cyberbullying. The court can award damages and/or injunctions requiring takedown of the images and communications, and can also prohibit communications by the person who was doing the cyberbullying
    • In these cases, there is no need to prove damages.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Children and Family Services Act, any person in Nova Scotia (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under 19 years of age has suffered abuse, or may be at risk of abuse in the imminent future, must report this situation to their regional Child Welfare office.
    • 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, sexual abuse, and/or emotional abuse (or substantial risk of such harm/abuse). Reporting is also required for children under 12 years of age if the child has killed or seriously injured another person, or who has on more than one occasion injured another person with the encouragement of a parent/guardian or because of the parent/guardian’s failure or inability to supervise adequately.
  • If an adult believes that a child’s guardian is unable or unwilling to protect their child from these kinds of harms or abuse, they must report this information. 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 of $5,000 and/or a maximum of one year in prison.

  • Nova Scotia’s Education Act does not specifically mention teen dating violence. However, teachers are required to report instances of “unacceptable behaviour” to the school’s principal.
    • Unacceptable behaviour includes acts of physical violence, sexual harassment and verbal abuse, and thus may be broad enough to cover behaviours related to teen dating violence.
  • School boards across Nova Scotia 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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