Learning about past abuse via ‘Clare’s Law’

By Sean Feagan, Local Journalism Initiative Reporter

A new law allowing people to check if their partner has a history of domestic violence has come into effect in Alberta. 

The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act, passed in October 2019, came into effect on April 1. This law allows any Albertan who feels they are at risk of domestic violence to apply for a disclosure from police to learn if their current or former domestic partner has committed domestic violence, without their partner knowing about the request.

Clare’s Law – named after a person in the United Kingdom killed by an ex-boyfriend with a history of domestic violence – is intended to allow Albertans to make more informed decisions about the safety of their intimate relationships. The hope is by knowing more information about their partners, they will be better equipped to avoid abusers.

Alberta has the fourth highest rate of police-reported domestic violence in Canada. There were 204 deaths in Alberta due to domestic and family violence between 2008 and 2019 – and about half of all women domestic violence homicides were committed by someone with a prior conviction.

This new law also lets police be proactive in preventing domestic violence, as they can now disclose information to people at risk. Such “right to know” disclosures may only be made so a person can make informed choices about their personal safety.

The RCMP can now participate in the new law, according to a March 31 release by Public Safety Canada. The federal government and the RCMP took steps, including amendments to the RCMP Regulations, 2014, to ensure participation in the law while respecting the RCMP’s obligations under the federal Privacy Act.

Someone may also apply for a disclosure on behalf of someone else if they have their consent, or if they are a legal guardian or have legal authority of that person, such as a parent of a minor.

Clare’s Law has some restrictions, as released information cannot be shared and must be kept confidential. However, disclosures are allowed under the Freedom of Information and Protection of Privacy (FOIP) Act. 

Expanding access to information that may support domestic violence is an important step, but access to information alone is not necessarily enough to stop abuse, said Wanda McGinnis, Wheatland Crisis Society CEO. Other factors are understanding the “dynamics of coercive control” and identifying warning signs of abuse, she said, adding there are some challenges with the law.

The law is only as good as recording practices, she noted. Many domestic violence-related charges are often resolved without criminal convictions, through such things as peace bonds.

“If somebody has had two or three peace bonds and those are not going to show up, that will not be helpful,” said McGinnis.

Another issue is that the subject’s record will be vetted and only the “need to know” information will be released. There is no legal definition in the Criminal Code of Canada for domestic violence; instead, abusers are charged with forms of assault. That means there will be discretion at the bureaucratic level as to what is included in the domestic violence history, she explained. This could lead to inconsistency across Canada, or even throughout the province.

Also, once a person initiates a request for information, it appears police will also check on the person who has made the request, she said. This could potentially invite children’s services and others into the victim’s life. “That might inhibit somebody’s willingness to reach out and try to get that information.”

Indigenous women, who are at an increased risk of experiencing domestic violence, including being murdered by their intimate partner, may be less likely to reach out to access information because of concerns about systemic racism in policing, said McGinnis. Racialized, newcomer or transgender women may also be apprehensive to contact police, she added.

“We’re working very hard to have a collaborative working relationship with local police, so I am not suggesting that’s going to be an issue we’re going to have here, but it is something we need to be mindful of,” she said.

Despite these challenges, Wheatland Crisis Society has applied to be one of the referral resources to support Clare’s Law response in the community. McGinnis said the society is still waiting on the details and training, but they will likely have 48 hours to take in a referral and then support them to navigate the Clare’s Law process.

“We will make sure it’s more than just receiving information, but there’s also a plan behind it,” she said.

Clare’s Law is just one tool in a large toolbox of avoiding abuse. “It is vital that those experiencing or at risk of experiencing violence reach out for support,” said McGinnis.

Wheatland Crisis Society offers programs available to support people at risk, including trained staff able to support risk assessment and safety planning. Anyone concerned about their safety in their relationship may call the Strathmore Shelter at 403-934-6634 for support.