This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen’s Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. The second goal is to increase the claimant’s ability to access remedies. This proposal would provide a list of options that could be inserted into the protection order, in addition to the prohibition of contact. This Report recommends that breaches of the order be prosecuted under section 127 of the Criminal Code (breaches of a court order are indictable offences), and that the collection of money from the respondent be governed under the Maintenance Enforcement Act. Additionally, the proposal would include a provision that would make a malicious application an offence. Definitions of what is an emergency, and what conduct can ground a protection order are explored in depth. This report is unique in that it was presented to the Alberta Legislature in 1995. However, due to the removal of the Chairman of the committee working on this proposal, it was removed from the order paper. This final document is, therefore, a response to legislation that has already been before the legislature.
Final Report
Back to Publication SearchProtection Against Domestic Abuse, Final Report 74
Resource Details
Publication No: | 74 |
FORMAT: | Publications |
TAGS: | domestic violence, restraining order, exclusive possession, matrimonial home |
FILE: | fr074.pdf |