Lori Dupont Act (Domestic Violence Protection), 2007 O'Toole, John — Bill 10 (39th Parliament, 1st Session)

Bill 10, 39-1

Ontario — Bills

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Bill 10, Lori Dupont Act (Domestic Violence Protection), 2007

O'Toole, John

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[39] Bill 10 Original (PDF)

Bill 10 2007

An Act, in memory of

Lori Dupont, to better protect

victims of domestic violence

CONTENTS

Preamble

Definitions

Applicants

Intervention

order

Emergency

intervention order

Availability

of emergency intervention orders

Request

for hearing

Powers

of court at hearing

Service

Orders

immediately effective

Motion

to vary or terminate order

Civil

orders to be considered

Appeal

Property

ownership not affected by order

Designated

judges, justices of the peace

Protection

from personal liability

other rights of action affected

Prohibition

Rules

of court

Attorney

General may require rules

Regulations

Consequential

Amendments

Children's

Law Reform Act

Courts

of Justice Act

Family

Law Act

Repeal,

Commencement and

Short Title

Repeal

Commencement

Short

title

______________

Preamble

Over

the past few years, hundreds of women have fallen victim to domestic violence

in Ontario. On November 12, 2005, Lori Dupont, a nurse and a mother, was

killed by a man who had been a former partner. Despite her efforts to obtain a

peace bond to keep him away, the court process dragged on.

Domestic

violence is not just a crime against the person abused. It deeply affects

children who witness violence in the family and destabilizes families. In the

broadest sense, domestic violence is a crime against the foundation of an

orderly society: strong families.

November

25 is designated by the United Nations General Assembly Resolution 54/134 as "International

Day for the Elimination of Violence against Women". The General Assembly

invited governments to organize activities designated to raise public awareness

of the problem on this day.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

(1) In

this Act,

"applicant"

means an applicant for an intervention order or an emergency intervention

order; ("requérant")

"child" means a person under the age of 18; ("enfant")

"cohabit" means to live together in a conjugal relationship, whether

within or outside marriage; ("cohabiter")

"court" means the Superior Court of Justice; ("tribunal")

"designated judge or justice" means a judge of the Ontario Court of

Justice or justice of the peace designated under

section 14; ("juge désigné")

"emergency intervention order" means an order made under

section 4;

("ordonnance d'intervention d'urgence")

"intervention order" means an order made under

section 3; ("ordonnance

d'intervention")

"prescribed" means prescribed by regulations made under this Act;

("prescrit")

"relative" means any person related to another person by blood, marriage

or adoption; ("parent")

"residence" includes a residence that a person has vacated due to

domestic violence; ("résidence")

"respondent" means the respondent to an application for an intervention

order or an emergency intervention order; ("intimé")

"weapon" means weapon as defined in the Criminal

Code (Canada). ("arme")

Domestic

violence

(2) For the purposes of this Act, domestic violence means

the following acts committed against an applicant, an applicant's relative or

any child:

1. An

assault that consists of the intentional application of force that

causes the applicant to fear for his or her safety, but does not include any

act committed in self-defence.

2. An

intentional or reckless act that causes bodily harm.

An act or threatened act

that causes the applicant to fear for his or her safety.

4. Forced

physical confinement, without lawful authority.

5. Sexual

assault, sexual exploitation or sexual molestation, or the threat of sexual

assault, sexual exploitation or sexual molestation.

6. A

series of acts which collectively causes the applicant to fear for his or her

safety, including following, contacting, communicating with, observing or

recording any person.

Same

(3) Domestic violence may be found to have occurred for

the purposes of this Act whether or not, in respect of any act described in

subsection (2), a charge has been laid or dismissed or withdrawn or a

conviction has been or could be obtained.

Applicants

2 .

(1) Subject

to subsection (2), the following persons may apply for an intervention order or

an emergency intervention order:

1. A

spouse or former spouse of the respondent.

2. A

person who is cohabiting with the respondent, or who has cohabited with the

respondent for any period of time, whether or not they are cohabiting at the

time of the application.

3. A

person who is or was in a dating relationship with the respondent.

4. A

relative of the respondent who resides with the respondent.

Definition

(2) In subsection (1),

"spouse" means spouse as defined in

Part III of the Family Law Act .

Age

restriction

(3) A person must be at least 16 years old to apply for,

or be the respondent to an application for, an intervention order or an

emergency intervention order.

Intervention order

3 .

(1) On

application with notice to the respondent, the court may make a temporary or

final intervention order if it is satisfied on a balance of probabilities that,

(

a) domestic

violence has occurred; and

(

b) a

person may be at risk of harm.

Contents

of order

(2) An intervention order may contain any or all of the

following provisions that the court considers appropriate in the circumstances

for the protection of any person that may be at risk of harm or for the

assistance of the applicant or any child:

1. Restraining

the respondent from attending at or near, or entering, any place that is

attended regularly by the applicant, a relative of the applicant, any child or

any other specified person, including a residence, property, business, school

or place of employment.

2. Restraining

the respondent from engaging in any specified conduct that is threatening or

harassing to the applicant, a relative of the applicant or any child.

3. Requiring

the respondent to vacate the applicant's residence, either immediately or

within a specified period of time.

4. Requiring

a peace officer, within a specified period of time, to accompany the applicant,

respondent or a specified person to the applicant's residence and supervise the

removal of that person's or another named person's belongings.

5. Restraining

the respondent from contacting or communicating with the applicant or any other

specified person, directly or indirectly.

6. Restraining

the respondent from following the applicant or any other specified person from

place to place, or from being within a specified distance of the applicant or

other specified person.

7. Requiring

a peace officer to seize,

i. any

weapons where the weapons have been used or have been threatened to be used to

commit domestic violence, and

ii. any

documents that authorize the respondent to own, possess or control a weapon described

in subparagraph i.

8. Granting

the applicant exclusive possession of the residence shared by the applicant and

the respondent, regardless of ownership.

9. Granting

the applicant or respondent temporary possession and exclusive use of specified

personal property.

10. Requiring

the respondent to attend specified counselling.

Other

proceedings

(3) An application under this

section shall contain a

summary of all previous and current court proceedings and orders affecting the

applicant and respondent, including all applications and orders under this Act.

Terms

(4) Subject to subsection (5), any provision of an

intervention order described in subsection (2) may be subject to such terms as

the court considers appropriate, including a term that specifies the period of

time for which the provision shall be in force.

Order

respecting weapons

(5) A provision of an intervention order described in

paragraph 7 of subsection (2) shall cease to be in force if an order or final

determination with respect to the respondent's ownership, possession or control

of weapons is made under the Criminal Code (Canada)

or the Firearms Act (Canada).

Enforcement

(6) A provision of an intervention order described in

paragraph 1, 2, 3, 4, 5, 6, 7 or 8 of subsection (2) shall be enforced by peace

officers under the Criminal Code (Canada).

Same

(7) A provision of an intervention order described in

paragraph 9 or 10 of subsection (2) may be secured by a requirement that the

respondent,

(

a) post

a bond in the form and amount that the court considers appropriate; or

(

b) enter

into a recognizance in a form acceptable to the court.

Emergency intervention order

4 .

(1) On

application, without notice to the respondent, the court or a designated judge

or justice may make an emergency intervention order if the court or designated

judge or justice is satisfied on a balance of probabilities that,

(

a) domestic

violence has occurred;

(

b) a

person is at risk of harm; and

(

c) the

matter must be dealt with on an urgent and temporary basis for the protection

of the person that is at risk of harm.

Other

proceedings

(2) An application under this

section shall contain a

summary of all previous and current court proceedings and orders affecting the

applicant and respondent, including all applications and orders under this Act.

Use

of telecommunication

(3) An application to a designated judge or justice under

subsection (1) may be made and adjudicated by telephone or by a means of

telecommunication that produces a writing.

Same

(4) Despite any other Act, for the purposes of subsection

(3),

(

a) evidence

may be provided, under oath,

(

i) by

telephone, or

(ii) by a means of

telecommunication that produces a writing; and

(

b) when

evidence is provided as described in subclause (a) (

i) or (ii), the oath may be

administered by telephone.

Contents

of emergency intervention order

(5) An emergency intervention order may only contain a

provision that the court could include in an intervention order under paragraph

1, 2, 3, 4, 5, 6 or 7 of subsection 3 (2) which the court or designated judge

or justice considers appropriate in the circumstances for the urgent protection

of a person that is at risk of harm.

Terms

(6) Subject to subsection (7), any provision of an

emergency intervention order may be subject to such terms as the court or

designated judge or justice, as the case may be, considers appropriate,

including a term that specifies the period of time for which the provision

shall be in force.

Order

respecting weapons

(7) A provision of an emergency intervention order

described in paragraph 7 of subsection 3 (2) shall cease to be in force if an

order or final determination with respect to the respondent's ownership,

possession or control of weapons is made under the Criminal

Code (Canada) or the Firearms Act (Canada).

Enforcement

(8) A provision of an emergency intervention order shall

be enforced by peace officers under the Criminal Code

(Canada).

Priority

over civil orders

(9) An emergency intervention order prevails over any

order made under the Children's Law Reform Act , the

Divorce Act (Canada) or the Family

Law Act against or affecting the applicant or respondent or any child.

Right

to hearing

(10) Every applicant and respondent is entitled to a

hearing before the court for the purpose of asking for the variation or termination

of the emergency intervention order if either one requests a hearing within 30

days after the respondent is served with the order.

Notice

in order

(11) Every emergency intervention order shall,

(

a) advise

the applicant and the respondent of the rig

Document details

Collection	Ontario — Bills
Citation	Bill 10, 39-1
Type	bill
Volume / chapter	p39 s1 bill 10 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5653e0102ef6bc4c9b47cf2ebf34e575f72bb084

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