104ProvincialJustice

Disclosure to Protect Against Intimate Partner Violence Act

Chamber

pei

Stage

Introduced

This PEI bill lets police share risk information with people who may be in danger from an intimate partner.

Key Changes

  • Creates a formal process for people to apply to police for a risk assessment related to intimate partner violence
  • Allows police to proactively disclose risk information to a person they identify as being at risk, even without an application
  • Defines 'intimate partner violence' broadly to include physical, sexual, psychological, financial, property-related, and online harms
  • Requires recipients of risk information to sign an undertaking promising not to misuse the information
  • Prohibits police from disclosing private personal information about the intimate partner unless it is already public or permitted by law
  • Establishes a fine of up to $10,000 for misusing or improperly disclosing risk information

Gotchas

  • Police are not compellable to testify or produce documents related to risk assessments in court proceedings, except in judicial review applications, which limits legal accountability for assessment decisions
  • The bill provides broad liability protection for police and government acting in good faith, meaning individuals cannot easily sue if a risk assessment is inaccurate or incomplete
  • Key operational details — such as who qualifies as a 'designated person,' how risk is assessed, and how disclosures are made — are left to future regulations, meaning the full scope of the law is not yet defined
  • The bill does not specify a timeline for police to complete a risk assessment or respond to an application, which could affect how quickly people in danger receive information
  • The Act comes into force only when proclaimed by the Lieutenant Governor in Council, so there is no guaranteed implementation date

Who's Affected

  • People who may be at risk of intimate partner violence in Prince Edward Island
  • PEI police services, who must conduct risk assessments and manage disclosures
  • Intimate partners whose background information may be assessed and partially disclosed
  • Designated persons (such as advocates or support workers) who may apply on behalf of someone at risk
  • Minors or people unable to consent, whose legal guardians may apply on their behalf

Summary

This Prince Edward Island bill creates a system where police can share information about the risk of intimate partner violence with people who may be in danger. A person who believes they are at risk — or someone acting on their behalf — can apply to a police service to receive a risk assessment. The police will evaluate information such as criminal records, past investigations, and other relevant details about the potential abuser, and then share a risk level and safety recommendations with the person at risk. The bill is modelled on similar 'Clare's Law' disclosure schemes used in other Canadian provinces and countries like the UK. It aims to give potential victims more information so they can make informed decisions about their safety. The bill also includes protections for the privacy of the person being assessed, limits on how the disclosed information can be used, and penalties for misusing the information received.

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