In Prince Edward Island, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Victims of Family Violence Act.

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, 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 Prince Edward Island.

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

In Prince Edward Island, there are two types of potential orders that may be used if an individual fears for their safety: (1) emergency protection orders / victim assistance 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 family 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.
  • In Prince Edward Island, there are two kinds of protection orders: Emergency Protection Orders and Victim Assistance Orders.
    • The main difference between an Emergency Protection Order and a Victim Assistance Order is the length of time the order is in effect and level of urgency. Emergency Protection Orders require a situation with immediate danger, and can be in effect for up to 90 days. Victim Assistance Orders are for non-emergency situations, and can be in place for longer-term protection.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for an Emergency Protection Order or a Victim Assistance Order under Prince Edward Island’sVictims of Family Violence Act.
    • This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition of family relationships as stated in the Act. The Act defines family relationships as:
      • Two persons who are or have been married to each other or have cohabited in a spousal or sexual relationship; or,
      • Members of the same family.

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 PEI Family Violence Prevention Services, a toll-free helpline (call (24/7) or text (7am-9pm daily): 1-800-240-9894).
  • 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.

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 family violence, a tenancy agreement can be terminated with notice under the Residential Tenancies Act. However, this Act uses the same definition of family violence as the Victims of Family Violence 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 3 paid and 7 unpaid days of leave per year to seek medical help or legal assistance related to domestic violence, intimate partner violence, or sexual violence under the Employment Standards Act.
  • Intimate partner violence leave is available for those in a current or former dating relationship. Actions of teen dating violence, including physical and sexual abuse/harassment, stalking, non-stop phone calls or text messages, and threats are considered intimate partner violence under this Act.
  • To obtain this leave, the youth must have been employed by the same employer for at least 3 consecutive months. The employee might need to provide written evidence about the need for leave from a professional (e.g., social worker, psychologist, nurse, police, community elder).

What is it?

  • In PEI, 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 threatened to be distributed by another person without their consent.

Who is eligible?

  • Anyone in PEI 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), whether or not the person is identifiable and whether or not the image has been altered in any way, and where:
      • The person is depicted as engaging in a sexual act and/or is nude, nearly nude, or exposing their genital organs, anal region, or breasts; and,
      • The person had a reasonably expectation of privacy at the time the image was made or distributed.

What else should I know?

  • A parent must start a legal action on behalf of a child under the age of 18 years whose intimate image 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, Youth, and Family Services Act, any person in PEI (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under age 18 is in need of protection has a responsibility to report it to a director of Child Protection Services.
    • As it pertains to teen dating violence, this may be the case if the parent/guardian of a child is unable or unwilling to protect the child from physical harm, sexual abuse or exploitation, or emotional harm (or substantial risk of such harm/abuse). Reporting is also required for children under 12 years of age who have or are likely to seriously harm another person or animal, and the parent/guardian is unable or unwilling to take preventative or remedial measures.
  • 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 this type of child endangerment may result in being found guilty of an offence. The punishment for this offence is a fine of a maximum of $10,000 and/or imprisonment for a maximum of 6 months.

  • Prince Edward Island’s Education Act does not specifically mention teen dating violence. However, teachers are required to maintain order and discipline in the school. PEI’s Public Schools Branch Operational Policy on Student Suspension lists examples of unacceptable behaviour that can be grounds for suspension, including uttering threats to inflict serious bodily harm on another, acts of verbal or physical abuse, bullying or cyberbullying, or any other behaviour that the principal considers to negatively affect the school environment.
    • Thus, although this policy does not explicitly prohibit teen dating violence, the behaviours listed above may be broad enough to cover situations of teen dating violence.
  • Teachers can move to suspend a student whether their behaviour occurred at or outside of school. When a teacher moves to suspend a student because the student acted in one of these ways, the teacher must provide written notice to the principal and to the child’s parent/guardian. The teacher must also meet with the student to discuss their exclusion from class. Under this policy, a teacher can only suspend a student for a maximum of half a day. A principal can suspend a student for a maximum of five days.
  • School boards across PEI have different codes of conduct, but the prohibited actions listed in their respective codes of conduct may also 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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