Thank you, Mr. Chairman. I am pleased to speak today on Bill 21, Protection Against Family Violence Act. This bill provides new protections for people who are threatened with, or are victims of family violence. These protections complement Criminal Code and civil protections currently available.
The bill defines family violence and identifies who can apply for the new protections available. In setting out who can apply, the legislation clearly identifies elders as protected from abuse by their family. In response to concerns raised by standing committee and several of their witnesses, the definition of family violence has been amended to clearly state that forcible confinement is included.
Under the bill, people may apply for an emergency protection order from a justice of the peace 24 hours a day seven days a week. If the justice of the peace is satisfied on a balance of probabilities that family violence has taken place or there is immediate danger of family violence, they may make an emergency protection order.
An emergency protection order can include granting sole use of a home or other property, restricting communication between the people involved and the seizure of weapons or firearms by the police.
The Supreme Court of the Northwest Territories will review all emergency protection orders. The court may agree with the order or hold a hearing where they can agree with, change or revoke the order. Persons affected by the order can also apply to the court to have the order changed or revoked.
Also available under the bill are protection orders. These are longer-term orders available from the Supreme Court after family violence has occurred. They can include the same provisions as an emergency protection order, but may also include financial compensation and counselling orders.
The third new protection under the legislation is a warrant of entry. This is available 24 hours a day, from a justice of the peace who is satisfied someone who may be a victim of family violence, cannot be reached and is likely in the place to be entered. The warrant of entry allows someone to enter and search the place named, help the person who may have been a victim of family violence and remove anything that may be evidence of family violence.
Mr. Chairman, I would like to recognize the important contributions made by the Standing committee on Social Programs and the witnesses who appeared before them. With their input and suggestions, we have changed the name of the act and clarified the definition of family violence.
I would be pleased to answer any questions or concerns Committee of the Whole may have on this legislation. Thank you, Mr. Chairman.