Women's shelter director expecting rush of applications as Clare's Law goes live in N.L.
N.L. becomes 3rd province to proclaim Clare's Law to combat domestic violence
Newfoundland and Labrador has become the third province to enact a version of Clare's Law, a piece of legislation that helps people find out if they're at risk of domestic violence from a current or former partner.
It has been four years since the province passed the legislation that would allow Clare's Law, but it sat stagnant until the province officially proclaimed the Interpersonal Violence Disclosure Protocol Act at an announcement in St. John's on Thursday morning.
The act is named after British woman Clare Wood, who was murdered by her ex-partner in 2009. Its aim is to increase safety for people in intimate relationships who are at risk of violence from their partners.
"Clare's Law is a revolutionary piece of legislation that empowers individuals to take control of their safety and well-being," said Malin Enström, acting executive director of Iris Kirby House.
"It will have a really good impact, because it will be another tool that they can use to protect themselves."
Enström said intimate partner violence is a significant national health issue.
Because of capacity issues, Iris Kirby House — a shelter and safe haven for women and children fleeing domestic violence — had to turn away 397 people in the last fiscal year.
"I think we're going see a peak of applications and then it will temper off a little bit. I think there's a lot of women right now that are going to apply fairly quickly," Enström said.
"I think that this application might help a lot of people to maybe find that extra step to take the courage to maybe leave a relationship that they know, that gut feeling, that this is not a good relationship."
How it works
Applications can be made online or in person at any police station. There is no fee.
The RCMP and Royal Newfoundland Constabulary process applications based on the jurisdiction, and their intimate partner violence units handle each case under four different risk levels. The RNC has two officers in its intimate partner violence unit, with other members across the force also trained, while the RCMP has five members in its unit under the umbrella of the special victims section.
Both police forces are working together and will share information with each other.
Everything under the Interpersonal Violence Disclosure Protocol Act is confidential, from the application process down to the disclosure meeting.
The RNC and RCMP lean toward in-person disclosure meetings where the information will be shared verbally with confidentiality agreements made. However, those meetings can also happen by phone.
The person who is the subject of the application — the possibly violent partner — is never notified.
Applicants also won't be forced to file criminal complaints if outlining criminal offences in their submissions. A support person or organization, such as Iris Kirby House, can also file an application on behalf of someone else with written consent. Others include doctors, lawyers, registered nurses, police officers, psychologists, social workers and Indigenous government representatives.
"The right of choice is always with the complainant, with the applicant, with the victim survivor," said RNC Supt. Sharon Warren.
"We would never force anybody through a court process unless they are co-operative and they want that. So although they give us information … we will not add that risk to them to force them to a criminal complaint."
If an applicant is in immediate danger, the new website will direct them to phone lines for help.
Police may also take a "right to know" approach, which is when they proactively disclose information directly to a person at risk of intimate partner violence if they become aware a person is at risk.
"We have officers who review every file that comes into the RNC on a daily basis, and if we recognize there is something with an intimate partner, it's logged," said RNC Insp.Tammy Madden.
"So that's where the right to know comes in, we can approach this person and say, 'Hey, there is some risk here.' We can deal with resources for them, we can help them possibly leave that relationship if needed."
To be eligible, applicants must live in Newfoundland and Labrador, be in a current or former intimate partner relationship and have a reason for requesting the information, such as a concern for safety or well-being.
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