Thank you, Mr. Speaker. Your Standing Committee on Social Development is pleased to provide its Report on Bill 27, An Act to Amend the Protection Against Family Violence Act, and commends this report to the House.
Report on Bill 27, An Act to Amend The Protection Against Family Violence Act:
The Protection Against Family Violence Act has been in place in the Northwest Territories since 2005, offering emergency and long-term legal measures to support individuals experiencing family violence. These protections go beyond what is available under the federal Criminal Code. The Act outlines what constitutes family violence and specifies who is eligible to apply for an emergency protection orders, which can be issued at any time by a Justice of the Peace when there is evidence of violence or imminent risk.
Bill 27 proposed changes to improve access to emergency protection orders and to address both physical and online forms of harassment. The amendments expand the definition of who qualifies for protection to include individuals in ongoing dating relationships, those in dependent care arrangements, and people who may reasonably be considered family.
The bill also introduces a definition of stalking, complete with examples, and formally includes stalking as a recognized form of family violence under the Act.
Additionally, the proposed changes would allow the RCMP to support victims by identifying individuals responsible for stalking and sharing that information with those affected.
The bill also introduces a new civil legal option, establishing a tort of stalking that enables victims to pursue legal action through the courts. Bill 27 was read in the Northwest Territories Legislative Assembly for the second time on May 27th, 2025, and referred to the Standing Committee on Social Development for further study. Committee has undertaken extensive study on the bill and moved five motions at the clause-by-clause review to improve the bill. Additionally, committee presents fifteen recommendations to the Government of the Northwest Territories:
Recommendation 1:
The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a detailed overview of what funds are currently available for culturally appropriate social programs, frontline services, and capital infrastructure designed to prevent or mitigate family violence in the Northwest Territories.
Recommendation 2:
The Standing Committee on Social Development recommends the Government of the Northwest Territories develop and make public a costed, measurable, and time-bound strategy for addressing each of the pillars listed in the Reclaiming the Capable Person: We are all Capable Persons when we have Community: A Strategic Framework for Addressing Family Violence in the Northwest Territories by the end of the 2026 fiscal year.
Recommendation 3:
The Standing Committee on Social Development recommends that the Government of the Northwest Territories allocate significant new funding to support the provision and expansion of domestic violence shelters and safe homes across the Northwest Territories. This investment is necessary in light of the recent expansion of eligibility for emergency protection orders. The Standing Committee on Social Development further recommends that these funds be included in the 2026-2027 main estimates and Business Planning Process.
Recommendation 4:
The Standing Committee on Social Development recommends the Government of the Northwest Territories expand transitional housing and shelter support for men who are removed from homes due to emergency protection orders and who are seeking to recover from violent behaviours, including supporting group housing models in small communities, similar to those initiated in Fort Good Hope.
Recommendation 5:
The Standing Committee on Social Development recommends the Government of the Northwest Territories, specifically the Departments of Health and social services, Education, Culture and Employment, and Justice, increase education for young people and parents about the long-term impacts of family violence and the limitations of short-term legal interventions such as emergency protection orders.
This should be achieved through innovative age-appropriate education for children, early intervention programs for young people, integration of family violence education into career and life management classes or the Healthy Family Programs, or other community-based education methods. Recommendation 6:
The Standing Committee on Social Development recommends the Government of the Northwest Territories provide new funds to non-profit and charitable organizations in the Northwest Territories for developing and distributing education materials to communities on the use of emergency protection orders and Protection Orders and long-term solutions to addressing family violence.
Recommendation 7:
The Standing Committee on Social Development recommends the Government of the Northwest Territories initiate a comprehensive review of the entire Emergency protection order and Protection Order system using Section 16.1 of the Protection Against Family Violence Act.
Recommendation 8:
The Standing Committee on Social Development recommends the Government of the Northwest Territories formally respond to each of the recommendations of the 2020 case study done by the YWCA on the effectiveness of emergency protection orders in the NWT, including:
1. Improve Emergency protection order service delivery and consistency through the development of EPO training which shall include NWT specific education and awareness of emergency protection orders, for service providers including lawyers, RCMP and Justices of the Peace;
2. Improve risk assessment tools for repeat severe and violent offenders to establish the best form of protection, particularly in remote communities without police presence;
3. Develop an effective tracking system for emergency protection orders that are breached, the circumstances surrounding the breach, outcome, and consequences of the breach;
4. Strengthen effective safety planning strategies that include trauma-informed training for lawyers, RCMP, Justices of the Peace and victim service workers, particularly in remote communities without police presence;
5. Provide an effective tracking system for emergency protection orders breaches, the circumstances surrounding breaches, and the outcomes, to improve the current system;
6. Explore legal advice or representation for emergency protection orders.
The Standing Committee on Social Development further recommends that the Government of the Northwest Territories share details about the progress, timelines, milestones, and funding required to address and implement these recommendations with committee.
Recommendation 9:
The Standing Committee on Social Development recommends the Government of the Northwest Territories deliver regular, interactive training on the Emergency protection order system and other components of The Protection Against Family Violence Act. This training should:
1. Be trauma-informed and culturally aware.
2. Be provided bi-annually to key system stakeholders, including Justices of the Peace, RCMP, the YWCA Northwest Territories, and others.
3. Include guidance on the types of evidence accepted to prove a breach of an Order and how to clearly communicate this to applicants.
4. Incorporate survivor and advocate perspectives with a focus on the lived realities in rural and remote communities.
Recommendation 10:
The Standing Committee on Social Development recommends the Government of the Northwest conduct research on the appropriate duration and flexibility of emergency protection orders under the Protection Against Family Violence Act, and in alignment with the Government of the Northwest Territories' recommendations in the Reclaiming the Capable Person: We are all Capable Persons when we have Community: A Strategic Framework for Addressing Family Violence in the Northwest Territories to allow for emergency protection orders to be amended extrajudicially and make any necessary legislative amendments without delay.
The Standing Committee on Social Development further recommends that provisions and measures be developed to prevent Emergency protection order variations from being made under duress or intimidation, drawing on practices in other jurisdictions such as Manitoba and Nunavut.
Recommendation 11:
The Standing Committee on Social Development recommends the Government of the Northwest Territories expand the authority to issue emergency protection orders to a wider range of designated officers and to add more officers to cover critical delivery gaps in communities. This change is intended to improve timely access to emergency protection orders for individuals who need immediate protection.
Recommendation 12:
The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct a comprehensive review of elder abuse, including research to understand its scope, analysis of the existing legislative framework, and development of an appropriate legislative framework to address identified gaps. This may include introducing a dedicated Adult Protection Act to ensure that elders receive timely and appropriate protection.
Recommendation 13:
The Standing Committee on Social Development recommends that the Government of the Northwest Territories review the current limitations of the tort of stalking which is six years and determine an appropriate limitation period for the tort of stalking and make any necessary legislative amendments.
Recommendation 14:
The Standing Committee on Social Development recommends that the Government of the Northwest Territories collaborate with the Northwest Territories judiciary to assess whether emergency protection orders are being reviewed within the legislated three-day timeframe. If reviews are not occurring as required, the committee recommends that corrective measures be implemented without delay and that any identified interventions be reported back to the committee. This assessment should include data collection and analysis to determine the extent of delays, their underlying causes, and appropriate solutions.
Recommendation 15:
The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days.