Summary#
The Gender-based Violence Prevention Act is a first-reading private member’s bill. It would amend the Domestic Violence Intervention Act, the Parenting and Support Act and the Provincial Court Act, and create a new Disclosure to Protect against Domestic Violence Act, also called Clare’s Law. Its stated goal is to prevent gender-based violence; the bill does not guarantee that result.
- It would broaden the legal definitions of domestic violence and family violence to include listed conduct such as coercive control, financial and psychological abuse, reproductive coercion, some digital conduct, and threats or harm involving animals or property.
- It would let police disclose prescribed information to an eligible applicant about an intimate partner, or to a person found to be at risk even without an application. The information disclosed would be set by regulations.
- It would allow the Justice Minister to prepare threat assessments and, under rules to be set by regulations, require certain bodies to provide or allow access to information and records, including health information.
- The Department of Justice would have to establish mandatory courses for designated justices of the peace on coercive control and emergency protection orders. The Chief Judge would have to establish courses for judges on listed topics and report each year on courses offered and attendance.
- The Justice Minister would have to establish a training program for police and other government employees who come into contact with victims of domestic violence.
What it means for you#
- People concerned about a partner: You could apply for prescribed information if you believe you are at risk, or another person could apply on your behalf if regulations allow. Police may also give information to someone they determine is at risk without an application. The bill does not set out the decision process or guarantee that police will disclose information.
- People receiving information: The Disclosure Protocol would set rules for safeguarding and using disclosure information. The applicant’s identity would be privileged, but the Minister could direct that identifying information be released. The bill also says an application, receipt of information, or failure to act on it cannot be used as evidence against the person in family or child-protection proceedings.
- People affected by abuse, and families: The expanded definitions could affect how the amended Acts apply to conduct covered by those definitions. For domestic violence under the Domestic Violence Intervention Act, a criminal charge or conviction would not be required for a finding under that Act.
- Police, government departments and other bodies named in regulations: Police and the Minister could collect, use or disclose information for purposes under the new Act. The Minister could require certain bodies to provide records or authorize ongoing access, subject to regulations.
- Judges and designated justices of the peace: The bill requires courses to be established; it does not expressly say that every judge or designated justice of the peace must attend or complete them.
- Indigenous, African Nova Scotian and 2SLGBTQIA+ communities, survivors and support groups: The Chief Judge may consult them when establishing judges’ courses. Consultation is not required.
Money#
The bill requires money for its courses, training program and new disclosure law to come from money appropriated by the Legislature, but no cost estimate is provided.
- The bill does not set amounts for staffing, training, threat assessments, information systems or police work.
- It creates no fee or fine in the supplied text.
What is unclear#
- Regulations would decide key details, including who may apply, how someone is found to be at risk, what information may be disclosed, and how threat assessments are prepared and shared.
- The bill does not set out application steps, decision deadlines, review or appeal rights, or how a person could correct inaccurate information.
- “Coercive and controlling behaviour” is not defined in the supplied text.
- The extent of information collection and the safeguards for sensitive records would depend in part on future regulations. The bill authorizes regulations to set out collection measures and powers, including possible access to premises, records and electronic data.
- The bill does not explain how Clare’s Law would interact with existing services or programs. The parent Acts were not supplied, so the existing definitions and legal processes could not be checked against this bill.
- The annual report deadline says it must be tabled by April 31, a date that does not exist. The text gives January 1, 2027, as the start date for the new disclosure law, but does not state a start date for the other changes. Passage is uncertain because this is a first-reading bill.
Case for#
- The expanded definitions could make clear that abuse covered by the amended Acts includes controlling, financial, psychological and digital conduct—not only physical violence.
- A disclosure process could give an at-risk person information relevant to safety planning, including when that person has not applied.
- The training requirements and referrals to support services could help officials respond to people affected by domestic violence.
- The bill bars using an application or a person’s response to disclosure as evidence against them in specified family and child-protection proceedings.
Case against#
- One concern is that the Minister could collect and share sensitive personal and health information, while important limits and procedures are left to regulations.
- Inaccurate or incomplete threat assessments could affect people’s privacy or safety; the bill does not specify a way to challenge or correct them.
- The bill limits legal actions against a broad range of officials, agencies and information providers for matters connected to the Act, which could reduce avenues for accountability.
- The bill requires courses and a training program but gives no cost estimate, staffing plan or detailed measures to assess their delivery.