In the Yukon Territory, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Family Violence Prevention 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 Employment Standards Act. Yukon Territory 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 the Yukon Territory.

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

In the Yukon Territory, there are two types of potential orders that may be used if an individual fears for their safety: (1) emergency intervention order / victim’s assistance 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?

  • 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 Yukon Territory, there are two kinds of protection orders: Emergency Intervention Orders and Victim’s Assistance Orders.
    • The main difference between an Emergency Protection Order and Victim Assistance Order is that the Victim’s Assistance Order is more aimed at the protection of property, but can also be used to prevent violence. Through a Victim’s Assistance order, a court can also make an order that includes restraining the perpetrator from attending places regularly attended by the victim or their family members. Victim’s Assistance Orders are also longer (up to 90 days), whereas Emergency Intervention Orders are shorter (up to 30 days) and intended for emergency situations.

Who is eligible?

  • Minors experiencing teen dating violence may be eligible to apply for an Emergency Intervention Order or a Victim’s Assistance Order under Yukon Territory’sFamily Violence Prevention Act.
    • This is because the Act includes intimate companionship in its definition of eligible relationships. An intimate companionship is defined as “persons who have, or have had, with each other a continuing relationship of intimate companionship”. It would be up to a justice of the peace to determine whether a given dating relationship meets the definition of an intimate companionship.
  • Youth who are living together or have a child in common would more clearly 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.

What else should I know?

  • To apply for an Emergency Intervention Order or a Victim’s Assistance Order, contact your local Victim’s Services. It is likely that a parent/guardian would need to apply on behalf of their minor child.

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 Yukon Victim Services, Monday to Friday 8:30am-4:30pm (call: 1-800-661-0408).
  • 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 apply for up to 5 days of domestic and sexual violence unpaid leave, or if they have been working for at least 3 months, 5 paid days of leave and up to 15 weeks additional unpaid leave, under the Employment Standards Act.
  • Domestic and sexual violence leave is available for those in dating relationships. Actions of teen dating violence, including physical and sexual abuse/harassment, stalking, non-stop phone calls or text messages, and threats are considered domestic violence under this Act. The act specifically included dating relationships in its definition of intimate partners.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Child and Family Services Act, any person in Yukon Territory (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under 19 years of age is in need of protection must immediately report this information to a director of Children’s Services or a 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 emotional harm. Reporting is also required for children under 12 years of age, if the child has (or is alleged to have) killed or seriously injured another person, or on more than one occasion has caused injury to others or threatened (with or without weapons) to cause injury to another person, either with the parent’s encouragement or because the parent does not respond adequately to the situation.
  • 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 children’s services 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 one year (first offense), and a fine to a maximum of $20,000 and/or imprisonment for a maximum of two years (subsequent offenses).

  • Yukon Territory’s Education Act does not specifically mention teen dating violence. However, under the Act, teachers must maintain order and discipline among students while they are in school, on school grounds, or are participating in school activities.
  • Further, under Yukon Territory’s Safe and Caring Schools Policy, teachers are expected to ensure students do not engage in bullying, abusive behaviour, or commit sexual harassment or assault. Teachers must also communicate regularly with parents about this type of behaviour and how students are prohibited from engaging in it.
    • Thus, although teen dating violence is not explicitly prohibited by this territorial policy, the listed unacceptable behaviours may be broad enough to cover many situations of teen dating violence.
  • Teachers are also required to report on the behaviour of students to their parents. If a teacher has reason to suspect that a child needs protective intervention beyond talking to their parents, they are required to report to this information to the principal.

 

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