In Saskatchewan, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Victims of Interpersonal Violence Act or the Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act.

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

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

In Saskatchewan, there are three types of potential orders that man be used if an individual fears for their safety: (1) emergency intervention orders / victim assistance orders (Victims of Interpersonal Violence Act), (2) emergency protective intervention orders (Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act), and (3) 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 interpersonal 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 Saskatchewan, there are two kinds of protection orders: Emergency Intervention Orders and Victim’s Assistance Orders.
    • The main difference between an Emergency Intervention Order and a Victim Assistance Order is the level of urgency. Emergency Intervention Orders require a situation with immediate danger, whereas Victim’s Assistance Orders are for non-emergency situations.

Who is eligible?

  • Minors experiencing teen dating violence likely cannot apply for an Emergency Intervention Order or a Victim’s Assistance Order under Saskatchewan’sVictims of Interpersonal 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 cohabitants as stated in the Act. The Act defines cohabitants as:
      • Persons who have resided together or who are residing together in a family relationship, spousal relationship or intimate relationship; or,
      • Persons who are the parents of one or more children, regardless of their marital status or whether they have lived together at any time; or,
      • Persons who are in an ongoing caregiving relationship, regardless of whether they have lived together at any time; or,
      • Any other persons prescribed in the regulations.

What else should I know?

  • If a minor’s dating relationship meets the definition of cohabitation, and a parent receives approval from the Court of King’s Bench, they can make an application for a Victim’s Assistance order on behalf of their child.

What is it?

  • These orders are issued when a child under 18 years of age has experienced (or is at substantial risk of experiencing) sexual abuse.
    • Sexual abuse is defined as a child being (or likely to be) exposed to a harmful interaction for a sexual purpose, including involvement in prostitution and involvement in conduct that may amount to an offense pursuant to the Criminal Code (including, but not limited to, sexual assault, aggravated sexual assault, sexual interference, invitation to sexual touching, or sexual exploitation).

Who is eligible?

  • Minors who have experienced sexual violence in a dating relationship may be eligible to receive an Emergency Protective Intervention Order under Saskatchewan’s Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act.
    • An order would result from an adult reporting this abuse to a child protection or peace officer. The order would then be provided to the child victim, as well as the parent of the child victim if the child is less than 16 years of age.

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 211 Saskatchewan, by either calling or texting 2-1-1 (https://sk.211.ca/abuse/).  
  • 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 a child of a tenant, has been the victim of interpersonal violence (likely including violence experienced in a dating relationship), a tenancy agreement can be terminated prematurely with 28 days of notice to the landlord under the Residential Tenancies Act.
  • In this Act, interpersonal violence is defined as:
    • Any intentional or reckless act or omission that causes bodily harm or damage to property;
    • Any act or threatened act that causes a reasonable fear of bodily harm or damage to property;
    • Forced confinement;
    • Sexual abuse;
    • Harassment; or,
    • Deprivation of necessities.

  • Minors who are employed can apply for up to 5 days of paid and 5 days of unpaid leave per year to seek medical help or legal assistance for interpersonal violence under the Saskatchewan Employment Act .
  • Interpersonal violence leave is likely available for those in dating relationships. Actions of teen dating violence, including physical and sexual violence/harassment, stalking, non-stop phone calls or text messages, and threats are considered interpersonal violence under this Act.
  • To obtain this leave, employers may request written evidence of interpersonal violence from the employee.

What is it?

  • In Saskatchewan, It is illegal to distribute intimate images of another without consent under the Privacy Act (Part 2).
    • 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. This includes sending them to others, posting them online, or making them available in any way.

Who is eligible?

  • Anyone in Saskatchewan who has had an intimate image of themselves distributed (or threatened to be distributed) without their consent.
    • An intimate image is defined by the act as a photo or video that shows someone naked, partially naked, or doing something sexual, where that person would normally expect privacy.

What else should I know?

  • If someone shares an intimate image without permission, the court can order that person to remove the image, pay damages, and take steps to stop it from being shared further.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Child and Family Services Act, any person in Saskatchewan (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under age 16 is in need of protection has a responsibility to report it to a child protection or peace officer.
    • 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 or exploitation, or serious impairment of mental or emotional functioning. Reporting is also required for children under 12 years of age who have committed an act that would constitute a criminal offence if they were 12 years of age or over, and the parent/guardian is unable or unwilling to provide for the child’s needs.
  • 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 $25,000 and/or imprisonment for a maximum of 24 months.

  • Saskatchewan’s Education Act does not specifically mention teen dating violence. However, it is possible the Act’s policies on bullying could be interpreted to apply to situations of teen dating violence. The Act describes bullying as physical, emotional, psychological or social acts intended to harm, isolate, or embarrass another. These actions include unwanted physical contact, name calling, threats, spreading rumors, sending inappropriate images to others without permission/consent, and using technology to spread hurtful messages or images. These actions are often present in situations of teen dating violence.
    • The Ministry of Education’s Model Policy on bullying prevention suggests that teachers should be required to report incidents of bullying to school administrators, but this is just a recommendation.
  • The Act gives school boards the power to determine how teachers can report to school management. If a teacher learns about a situation of teen dating violence, they should consult their school board’s bylaws for direction on how to handle it.

In this Section