In Ontario, there is no formal legislation on teen dating violence. There is also no formal legislation specific to domestic, family, or intimate partner violence in effect. Instead, family violence is addressed in the province’s Family Law Act. This Act does not mention teen dating violence.

Teen dating violence may fall under the Child, Youth and Family Services Act and the Education Act. Other forms of relief may be available under the Employment Standards Act and Residential Tenancies Act. Ontario 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 Ontario.

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

In Ontario, there are two types of potential orders that may be used if an individual fears for their safety: (1) restraining 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?

  • A restraining order is a legal order that prohibits one person or party from contacting another person.
  • Restraining orders are issued when the victim has reasonable grounds to fear for their safety or the safety of a child in their custody.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for a Restraining Order (Section 46) under Ontario’s Family Law Act.
    • This is because, unless the youth are married, are or have been living together in a marriage-like relationship, or have a child in common with their partner, their relationship would not meet the definition as defined in the Act.

 

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 Ontario’s Victim Support Directory, 24 hours, 7 days a week, in over 200 languages (call: 1-888-579-2888 or chat online: https://victimsupportdirectory.ca/).
  • 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 violence or another form of abuse, a tenancy agreement can be terminated prematurely with 28 days of notice under the Residential Tenancies Act. The Act specifies that dating relationships are eligible.
    • The Act also specifically includes situations of sexual violence, in addition to other forms of violence that cause the victim to fear for their safety. Sexual violence is defined as “any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.”

  • Minors who are employed can apply for up to 10 days (with the first 5 days being paid) of leave, and up to 15 additional weeks of leave per year, to seek medical help or legal assistance for domestic or sexual violence under the Employment Standards Act.
  • There is no clear definition for sexual or domestic violence under this Act, including whether dating relationships would qualify.
  • To obtain this leave, the youth must have been employed by the same employer for at least 13 weeks. Youth also need to give the employer as much notice as is reasonable in the circumstances and evidence reasonable in the circumstances to show entitlement to leave.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Child, Youth and Family Services Act, any person who performs professional or official duties with respect to children, and who reasonably believes that a child under the age of 16 is in need of protection, has a requirement to report it to a Children’s Aid Society. Professional roles that fall under this Act include:
    • Health care professionals (e.g., physicians, nurses, dentists, psychologists)
    • Educators (e.g., teachers, early childhood educators, administrators, social workers, youth and recreation workers (not including volunteers))
    • Religious officials
    • Mediators and arbitrators
    • Peace officers and coroners
    • Lawyers
    • Service providers and employees of service providers
      • As it pertains to teen dating violence, the Act would apply in the case that, for a child under age 16, the child’s parent/guardian is unable or unwilling to protect them physical harm, sexual abuse (including sexual exploitation), and/or serious emotional harm (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 the above listed adults believe 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 children’s aid 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 $5,000.
      • Individuals can also choose to report about children ages 16 and 17, though a failure to report will not result in an offence.

  • Ontario’s Education Act does not specifically mention teen dating violence. However, a teacher who becomes aware that a student has engaged in behaviour worthy of a suspension must report the matter to the principal of the school.
    • Behaviours that must be reported to the principal include: uttering a threat to inflict serious bodily harm on another person; possessing alcohol, illegal drugs or cannabis (unless it is for medicinal purposes); swearing at a teacher or other person in a position of authority; committing an act of vandalism that causes extensive damage to school property; bullying; or, any other activity that is an activity for which a principal may suspend a student under the school board’s policy.
  • While teen dating violence is not listed as specific behaviour that meets the criteria for a suspension under this Act, the above listed activities (e.g., threatening another student), including “any other activity that is an activity for which a principal may suspend a student under the school board’s policy”, may be broad enough to cover behaviours related to teen dating violence. In that case, teachers would have an obligation to report teen dating violence behaviour to the school’s principal.

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