In Nunavut, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Family Abuse Intervention Act.

Teen dating violence may fall under the Child and Family Services Act and the Education Act. Nunavut does not currently have legislation specific to intimate image distribution.

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 Nunavut.

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

In Nunavut, there are two types of potential orders that may be used if an individual fears for their safety: (1) emergency protection orders, assistance orders, and community intervention 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?

  • Emergency Protection Orders are issued if (1) family abuse has occurred, (2) the family abuse is likely to continue, and (3) the order is necessary for the immediate protection of a person. All three criteria must be met to receive an emergency protection order.
    • Family abuse occurs when abuse is inflicted by a person with whom the victim has a spousal, intimate, family, or care relationship. This includes actions of physical violence, sexual violence, mental or emotional abuse, and stalking behaviours, as well as injury and fear of injury, and damage to property.
  • If the situation does not meet all three criteria for an emergency protection order, an individual can instead apply for an Assistance Order if (1) family abuse has occurred and (2) the family abuse is likely to continue.
    • Assistance orders can include no-contact and property provisions.
  • If the situation does not meet all three criteria for an emergency protection order or all two criteria for an assistance order, an individual can instead apply for a Community Intervention Order if (1) family abuse has occurred.
    • Communication intervention orders can include traditional Inuit counselling, as well as a prohibition on use of violent behaviours by the perpetrator.

Who is eligible?

  • Minors experiencing teen dating violence may be eligible to apply for an Emergency Protection Order, Assistance Order, or Community Intervention Order under Nunavut’s Family Abuse Intervention Act.
    • This is because the act specifies that individuals over age 14 can apply for emergency protection orders under this act, including those in dating relationships. To qualify, a dating relationship needs to be one where the partners’ lives are “enmeshed” (i.e., the actions of one partner affect the actions or life of the other partner, to such a degree that it is difficult to escape). To be enmeshed, partners do not need to have lived or be living together, or have a child together. However, having just dated someone is not strong enough to prove an enmeshed relationship; you or your child must prove that the boundaries are unclear, and that the ties are difficult to sever.

What else should I know?

  • Minors aged 14 or older are able to self-petition for an Emergency Protection Order, Assistance Order, or Community Intervention Order. This means they can apply for one of these orders on their own, without the involvement of a parent or guardian.
  • To apply for an order, individuals should connect with their local Community Justice Outreach Worker. If you need help after regular business hours, you can call the Family Abuse Intervention Emergency On-Call line at 1-844-534-1038. Help is available in both English and Inuktitut.

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 Nunavut’s Kamatsiaqtut Helpline, a toll-free, anonymous, confidential, 24/7 helpline (call: 867-979-3333 locally in Nunavut, or 1-800-265-3333 outside of Iqaluit and residents of Nunavumiut).
  • 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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Responsibilities of Adults who Witness or Suspect Teen Dating Violence

  • Under the Child and Family Services Act, any person in Nunavut (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under age 16 is in need of protection must report this information to a Child Protection worker. If a Child Protection worker is not available, they should report this information to a peace officer or person authorized by the Director of Child and Family Services.
    • 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, sexual or emotional (including but not limited to severe anxiety, depression, withdrawal, self-destructive behaviour, or aggressive behaviour towards others) harm, or sexual exploitation, or the substantial risk of such harm(s). Reporting is also required for children under 12 years of age, if the child has killed or seriously injured another person or has persisted in injuring to others, and the parent/guardian is unwilling or unable to obtain services, treatment or healing processes for 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 protection 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 $5,000 or 6 months in prison.

 

  • Nunavut’s Education Act does not specifically mention teen dating violence. However, school districts in Nunavut must have discipline policies that promote positive learning environments, as well as school rules for all schools in the district.
    • The Act is also based in the guiding principles and concepts of Inuit Quajimajatuqangit, which includes respecting others, relationships and caring for people (Inuuqatigiitsiarniq).
  • Principals may also suspend students whose conduct, in the opinion of the principal, is injurious to the physical or mental well-being of other students, creates a situation that constitutes a seriously harmful influence on other students, or under the Inuuqatigiisiarniq policy is grounds for suspension. This may be broad enough to cover behaviours related to teen dating violence.

 

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