Summary#
This bill would create a Nova Scotia process similar to “Clare’s Law.” It would let a person who fears an intimate partner may be dangerous ask police for information about that partner’s history of domestic violence or other prescribed risks. The goal is to help people assess danger, make safety plans, and connect with support services.
- Police could share prescribed information with an applicant or another person at risk, following rules called the Disclosure Protocol.
- Police could also disclose information to a person at risk even if that person did not apply.
- The Justice Minister could prepare threat assessments (reports about a person’s risk of violence) and share them with police, courts, correctional institutions, government bodies, and other prescribed recipients.
- The bill would allow the Minister to collect personal and health information for threat assessments, including information from police, government bodies, and other organizations.
- Applicants’ names and identifying information would generally be protected. Disclosure information could not be used against an applicant or person at risk in family or child-protection proceedings.
- The bill would require training for police and government employees who handle these disclosures, including training on trauma-informed responses and referrals to gender-based violence services.
- The bill would start on April 1, 2027. Many important details would be set later by regulations.
What it means for you#
- People worried about an intimate partner: You could be able to ask police for prescribed information about the partner’s history or risk of domestic violence. The bill does not specify exactly what information police must disclose.
- People at risk: Police could provide disclosure information even when you did not make an application, if the rules allow it.
- Children: The bill’s purpose includes helping protect a person’s child. It also says that applying for, receiving, or not acting on disclosure information cannot be used as evidence against an applicant or person at risk in child-protection or custody proceedings.
- Applicants: Your name and information that could identify you would generally be treated as privileged information. You would have to follow the rules for protecting and using any information you receive.
- Police and government employees: They would collect, assess, protect, and share information under the new process. They would also receive required training.
- Other organizations: Organizations identified in future regulations could be required to provide personal or health information to the Minister for a threat assessment. In some cases, the Minister could seek ongoing access to information.
- Privacy and legal protections: The bill allows broad information sharing for its purposes. It also generally protects police, government bodies, and information providers from lawsuits related to actions taken under the Act. Judicial review (a court review of government decision-making) would still be available in some cases.
- What is unclear: The bill leaves major questions to future regulations, including who may apply, what information may be disclosed, how risk is assessed, which organizations must provide information, and how the Disclosure Protocol will work.
Expenses#
The bill authorizes spending from money approved by the Legislature, but it does not provide an amount.
- The government may face costs for staff, training, threat assessments, information systems, privacy safeguards, and support referrals.
- Police services and other organizations may face administrative costs for responding to applications and providing records.
- The bill does not identify new fees or fines for applicants.
- The bill does not provide an estimate of savings or lost government revenue.
- No publicly available information.
Proponents' View#
No specific statements from proponents were supplied. Based on the bill’s stated purpose and design:
- The bill appears intended to help people identify possible domestic-violence risks before violence occurs.
- Allowing applicants to receive relevant information could help them make safer decisions and safety plans.
- Referrals to gender-based violence services could connect people with specialized support.
- Sharing threat assessments with police, courts, correctional institutions, and other agencies could help those bodies respond to identified risks.
- Protecting applications and disclosures from use in custody or child-protection proceedings could make people more willing to seek information.
- A trauma-informed training requirement could support more sensitive and consistent handling of domestic-violence cases.
Opponents' View#
No specific statements from opponents were supplied. Possible concerns based on the bill’s design include:
- The bill permits access to personal and health information, but many safeguards depend on regulations that have not yet been provided.
- Broad information sharing could raise privacy concerns, especially where the Minister can require records or ongoing access to information.
- The bill does not clearly state what evidence is needed before information is disclosed or how a person can challenge an inaccurate threat assessment.
- Information about a person’s risk could be incomplete, outdated, or misunderstood. The bill does not set out the full process for correcting errors.
- The broad protection from lawsuits may limit legal remedies for people affected by an improper disclosure, although judicial review remains available in some cases.
- Police and government agencies may face added costs and workload. The bill does not provide a public estimate.
- Because many key rules are left to future regulations, the bill’s practical effects cannot be fully assessed yet.