RCMP Authorized to Apply Clare's Law

Summary#

These final regulations change the Royal Canadian Mounted Police Regulations, 2014 so RCMP members can take part in provincial “Clare’s Law” disclosure schemes. The change came into force on March 29, 2021 and was published in the Canada Gazette on April 14, 2021.

What it does#

• Adds new rules that refer to provincial or territorial Clare's Law schemes and the kinds of information those laws allow police to share, called disclosure information.
• Says that where the Royal Canadian Mounted Police is the contract police for a province, territory or municipality that has Clare’s Law in force, an RCMP member who is a peace officer may provide that disclosure information to an applicant.
• Includes definitions for the terms used (for example, what “Clare’s Law” and “disclosure information” mean for the purposes of the RCMP rules).
• Clarifies that allowing these disclosures does not reduce any other powers RCMP members already have.
• States the amendments take effect on the day they are registered (March 29, 2021).

Who's affected#

• People living in areas policed by the Royal Canadian Mounted Police in provinces or territories that have adopted Clare's Law (for example, Saskatchewan, which brought its law into force on June 29, 2020, and Alberta, which put its law in force on April 1, 2021).
• People who apply for a risk assessment under a provincial Clare’s Law — usually current or former partners worried about intimate partner violence.
• Third parties whose past behaviour or records might be summarized in a risk assessment; their personal information could be disclosed under the provincial rules.
• Provincial and territorial police partners and community organizations that take part in review committees or supports for applicants.
• Indigenous and minority communities, who the government notes may be disproportionately affected and for whom special outreach and training are suggested.

Why it matters#

• It aims to give people at risk of intimate partner violence the same access to risk-assessment information across a province or territory, whether they live in an RCMP‑policed area or one served by a municipal force.
• It removes a legal uncertainty that previously limited RCMP officers from providing the same disclosures that provincial or municipal police could provide under Clare’s Law.
• There are real privacy and fairness trade-offs: the federal change allows disclosure of other people’s personal information in specific cases, and governments plan training, support services, and safeguards to reduce harm.
• The move could help prevent violence and improve safety for victims, but concerns remain about privacy, potential targeting of marginalized groups, and the need for culturally appropriate supports.