An Act to Amend the Protection Against Family Violence Act

Summary#

This bill updates the Northwest Territories’ Protection Against Family Violence Act. It adds stalking (including online tracking) as a form of family violence, broadens who can ask for protection orders, and creates a right to sue someone for stalking in certain relationships. It also lets the RCMP share limited identifying information about a suspected stalker with a person seeking protection, within federal privacy rules. The bill aims to strengthen safety and access to protection.

Key changes:

• Adds a clear definition of stalking, including electronic means (like online or device-based tracking).
• Treats stalking that causes fear for safety (including fear for a child’s safety) as family violence.
• Says minors or people who are not mentally competent are “deemed” to have fear if a reasonable person would fear in the same situation.
• Broadens who can apply for emergency protection orders or protection orders to include spouses, former spouses, intimate partners, co-parents, parents, grandparents, other family members, and people in a “care relationship” (where one person depends on another for daily help due to disability, illness, aging, or impairment).
• Allows the RCMP, on request and subject to federal privacy law limits, to tell an applicant the name and identifying details of a person reasonably believed to be stalking them.
• Creates a civil cause of action (a “tort,” meaning a civil wrong you can sue over) for stalking within those relationships, without needing to prove damage.
• Updates English wording to be gender-neutral.
• Timing: The law will start on a date set by the Commissioner (not yet stated).

What it means for you#

• Individuals experiencing family violence or stalking

  • You can ask for an emergency protection order or a protection order based on stalking, including online harassment or tracking.
  • If you fear for your child’s safety or a child in your care, that can also be a ground for an order.
  • If you are a minor or not mentally competent, the court can treat you as having fear if a reasonable person would.
  • You can ask the RCMP to share the suspected stalker’s name and identifying details, if allowed under federal privacy rules.
  • You may sue a stalker you have (or had) an eligible personal, family, or care relationship with, even without proving damage.

• Parents, grandparents, family members, and caregivers

  • You are explicitly allowed to apply for emergency protection orders and protection orders.
  • A “care relationship” (dependence for daily activities due to disability, illness, aging, or impairment) is recognized.

• People accused of stalking or family violence (respondents)

  • More types of relationships are covered, so more people may be able to seek orders against you.
  • Stalking behavior, including following, repeated unwanted contact, watching places you go, threatening conduct, and electronic tracking, can lead to court orders and civil lawsuits without proof of damages.

• RCMP

  • You may disclose limited identifying information about a suspected stalker to an applicant when allowed by the federal Privacy Act (Canada) or an agreement, or when a public-interest override applies.

• Timing

  • The changes will start on a date set by the Commissioner. The date is not provided in this bill.

Expenses#

No publicly available information.

Proponents' View#

• The bill appears intended to modernize protections by clearly addressing stalking, including digital tracking and communication.
• Expanding who can apply for protection orders could make help available to more people in real family and care settings, not just spouses or cohabitants.
• Deeming fear for minors and people who are not mentally competent could ensure vulnerable people are not left unprotected.
• Allowing the RCMP to share a suspected stalker’s identity, within privacy limits, could help people take swift protective steps.
• Creating a civil right to sue for stalking, without needing to prove damage, could improve accountability and deterrence.

Opponents' View#

• The RCMP disclosure power may raise privacy concerns, even with federal Privacy Act limits. There may be risks if the suspected stalker is misidentified.
• Some relationship terms (like “some permanence” for intimate relationships or when it is “reasonable” to deem people related) may be open to interpretation, which could lead to inconsistent decisions.
• Allowing civil lawsuits for stalking without proof of damage could increase litigation, and the bill does not detail the remedies courts should use.
• Broadening who can apply for protection orders might lead to more applications and disputes within extended families or care settings.
• It is unclear when the law will start, and how information-sharing agreements or procedures will work in practice, which could affect how quickly the new RCMP disclosure option can be used.