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Family Violence Initiative

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Laws

In Canada, the Government of Canada has the constitutional authority to make laws in relation to criminal law and procedure. As a result, the Criminal Code applies to all Canadians. The provinces prosecute most Criminal Code offences, Justice Canada carries out prosecutions under all other federal laws, including drug offences. In the territories, Justice Canada conducts all criminal prosecutions, including those under the Criminal Code.

What Federal Legislation Addresses Family Violence in Canada?

Most forms of family violence are crimes in Canada. Although the Criminal Code does not refer to any specific "family violence offence," an abuser can be charged with an applicable offence. Criminal charges could include:

  • sexual offences against children and youth (ss. 151, 152, 153, 155 and 170-172)
  • trespassing at night (s. 177)
  • child pornography (s. 163.1)
  • failure to provide necessaries of life and abandoning child (ss. 215 and 218)
  • criminal negligence (including negligence causing bodily harm and death) (ss. 219-221)
  • homicide - murder, attempted murder, infanticide and manslaughter (ss. 229-231 and 235)
  • criminal harassment (sometimes called "stalking") (s. 264)
  • uttering threats (s. 264.1)
  • assault (causing bodily harm, with a weapon and aggravated assault) (ss. 265-268)
  • sexual assault (causing bodily harm, with a weapon & aggravated sexual assault) (ss. 271-273)
  • kidnapping & forcible confinement (ss. 279 and 279.1)
  • abduction of a young person (ss. 280-283)
  • making indecent & harassing phone calls (s. 372)
  • mischief (s. 430)
  • intimidation (s. 423)
  • breach of a court order, recognizance (peace bond), & probation order (ss.145(3), 127, 811, and 733.1)

The sentencing provisions of the Criminal Code provide that where an offender, in committing the offence, abuses his spouse or child or any position of trust or authority, this shall be considered an aggravating factor for sentencing purposes (s.718.2).

Recent substantive and procedural changes to the Criminal Code have increased the safety of victims of family violence, including:

  • strengthening the peace bond provisions concerning those previously convicted of sexual offences against children (May 2008);
  • restricting the availability of conditional sentences for offences involving serious personal injury (December 2007);
  • facilitating testimony by children and other vulnerable victims and witnesses including victims of spousal abuse, criminal harassment and sexual assault (January 2006) (January 2006); and
  • facilitating the use of the criminal law to enforce civil restraining orders granted in domestic violence cases (s. 127(1)) (January 2006).

Provincial and Territorial Legislation

Provincial and territorial governments make laws in areas of their own jurisdiction, including providing victims' services. To date, six provinces (Alberta, Manitoba, Nova Scotia, Prince Edward Island, Newfoundland and Labrador and Saskatchewan) and three territories (Northwest Territories, Yukon and Nunavut) have proclaimed specific legislation on family violence:

These civil statutes are designed to complement protections in the Criminal Code. They offer further protection to victims of family violence. Civil measures provided include emergency intervention orders, which may grant exclusive victim occupation of the home and family vehicle. They may also restrain the abuser from communicating with or contacting the victim or members of the victim's family. Some statutes also provide for victims' assistance orders, which may include monetary compensation from the abuser.

Provincial/Territorial Child Protection Legislation

While general criminal offences, such as criminal neglect, assault and homicide, are applicable to violent acts against children, there are also a number of child-specific offences in the Criminal Code. These include failure to provide the necessaries of life, child abandonment and an extensive number of child-specific sexual offences. In addition to criminal sanctions, the following provincial and territorial child protection laws provide for state intervention where parents or legal guardians are unable or unwilling to meet the child’s physical, emotional and psychological needs.

Date Modified: 2012-08-03

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