In Québec, 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.

Teen dating violence may fall under the Youth Protection Act and the  Education Act. Other forms of relief may be available under the  Act Respecting Labour Standards. Québec 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 Québec.

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

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

  • Under Québec’s Code of Civil Procedure, a protection order is granted when the victim’s life, health or safety is threatened by violence, even if the perpetrator has not committed a crime.
    • A protection order can be used to prevent another person from injuring you, damaging your property, or distributing private images or videos without consent. It can also require another person so stop threatening behaviour, harassment, communicating with the victim, and to stay away from the victim’s home and any place they frequent.

Who is eligible?

  • Residents of Québec (minimum age guidance to apply is not specified in the Act)
    • An individual can apply to a Superior Court for a protection order. If you are applying to the Superior Court for a protection order and you are not represented by a lawyer, you must complete an application form that describes the violent situation and what you are asking the court to do about it. This application form must include proof that the violent situation had a negative impact on your life, health or safety.
      • If you are over 14, you have to make a sworn affidavit in support of your application. The Canada Evidence Act allows individuals 14 years old and above to make sworn testimony and evidence.

What else should I know?

  • An organization or another person, including a parent, can apply for a protection order on behalf of the person experiencing the violence with their consent or with authorization from the Superior Court.
    • If you are applying to the Superior Court for a protection order on behalf of your child and you are not represented by a lawyer, you must complete an application form that describes the violent situation and what you and your child are asking the court to do about it. This application form must include proof that the violent situation had a negative impact on your child’s life, health or safety.
  • The length of time and conditions of the protection order will be set by the Superior Court and will not be longer than 3 years. The Court can also issue urgent protection orders that last 10 days.

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 Québec’s Crime Victims Assistance Centre (Centre d’aide aux victimes d’actes criminels), a confidential helpline (call: 1-866-532-2822).
  • 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

  • Minors who are employed can be absent from work for a period of not more than 26 weeks per year for domestic or sexual violence reasons under An Act Respecting Labour Standards.
    • This relief does not apply to students who work during the school year in an establishment selected by an educational institution pursuant to a job program approved by the Minister of Education or the Minister of Technology.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Youth Protection Act, any person who, by the nature of their profession, provides care or any other assistance to children and who, in the practice of their profession, has reasonable grounds to believe that a child under age 18 is in need of protection, has a requirement to report it to the Director of Youth Protection immediately. Other adults in Québec also have a duty to report if they have reasonable grounds to believe a child is experiencing (or is at serious risk of experiencing) sexual or physical abuse.
    • Physical abuse is defined as (1) a situation in which a child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by their parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation or (2) a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by their parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation.
    • Sexual abuse is defined as (1) a situation in which a child is subjected to gestures of a sexual nature of the child’s parents or another person, with or without physical contact, including any form of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation or (2) a situation in which the child runs a serious risk of being subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including a serious risk of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation.
  • All adults in Québec are required to report physical abuse or sexual abuse and must do so regardless of any steps taken by the parents to put an end to the situation. If you are unsure, you can connect with your local youth 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 $250 to $2,500.

  • Québec’s Education Act does not specifically mention teen dating violence. However, all schools in Québec are required to adopt an anti-bullying and anti-violence plan that includes how teachers must report these types of incidents. Teachers are required to implement and follow their school’s anti- bullying and anti-violence plan to ensure that no student is a victim of these types of behaviour. How a teacher reports on these behaviours is outlined by their school’s anti-bullying and anti-violence plan.
    • This Act defines bullying as any repeated direct or indirect behaviour of one individual which causes distress and injures, hurts, oppresses, intimidates or ostracizes another. This behaviour can also occur online. Violence is defined as any intentional verbal, written, physical, psychological or sexual force which causes distress and injures, hurts or oppresses another, their rights or their property.
  • Although teen dating violence is not specifically listed as a prohibited behaviour, the behaviours listed above are likely broad enough to cover many situations of teen dating violence.

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