New law to help victims fight abusers

Police in Nunavut would have increased powers to bar accused wife-beaters from their homes under The Family Abuse Prevention Act, a bill that received first and second readings in the legislature this Monday.

The act provides several “tools” for Nunavummiut suffering abuse at the hands of a spouse, intimate acquaintance, family member or caretaker. The applicant must be over 16 years old.

The act defines abuse to include “mental and emotional abuse,” as well as stalking.

The main tool provided by the legislation is an emergency protection order.

That order could be issued immediately from a justice of the peace, and could contain any of the following provisions:

* A restraining order to prevent the respondent from communicating or contacting the applicant without justification;
* An order not go near any place regularly attended by the applicant, including a home, business, school or place of employment;
* An order to allow RCMP to remove the respondent from the family home;
* Supervision by police while personal belongings are removed from the home;
* Temporary ownership of personal belongings for the applicant, regardless of actual ownership;
* A temporary child custody order that would see the respondent lose child custody for up to 90 days;
* Recommendations for family, child or other counseling.

That order would later be reviewed by a judge, within a brief period. Respondents could also challenge an emergency order by requesting a hearing with a judge before its review. During that challenge the onus would fall on the respondent to demonstrate the order is not necessary.

A community intervention order is a second tool under the proposed legislation. It would include an order to attend “traditional Inuit counseling.”

The act also provides an assistance order. It contains provisions similar to the emergency protection order, but a person would first need to apply to a judge for the order, in cases where less danger is imminent.

Last, the bill provides a compensation order. If a judge believes abuse has occurred, the respondent could be ordered to pay the applicant for loss of income; damage to personal property; expenses related to new accommodations, moving and security measures; medical expenses; and legal fees.

Police would be able to arrest a respondent for breaking any terms of an order.

The bill is now in front of the committee of the whole.

Premier Okalik told reporters on Monday he hopes the bill will become law before the end of the year.