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Clare's Law: arming victims of domestic violence with knowledge

“It’s just a huge step forward. It’s going to protect people; it’s going to keep families safe. There are still going to be challenges with the law, but it’s definitely a step in the right direction.” Sue White, director of the Dr.
Clare’s LawWEB
The province has introduced the Disclosure to Protect Against Domestic Violence Act, also known as Clare’s Law.

“It’s just a huge step forward. It’s going to protect people; it’s going to keep families safe. There are still going to be challenges with the law, but it’s definitely a step in the right direction.”

Sue White, director of the Dr. Margaret Savage Crisis Centre, described the Disclose to Protect Against Domestic Violence Act’s introduction as “fantastic news.”

The act, also known as Clare’s Law, received royal assent last week. It was presented by the province in October as a way of reducing the number of families impacted by domestic violence by providing them with key information.

“If someone has a history of domestic violence… what this will allow is for someone to find out if their potential partner has a history of criminal charges for domestic abuse,” explained White.

Clare’s Law was created in the United Kingdom after a woman in an abusive relationship died at the hands of her spouse.

“There was history (of domestic violence), but nobody knew, except the police, and they couldn’t disclose,” White outlined.

“The fact that someone who killed them had a prior conviction, that’s important information. Had that been shared prior to that relationship starting, it may have changed the victim’s mind before even engaging in that relationship, potentially,” stated Bonnyville RCMP S/Sgt. Sarah Parke. “I think that’s the hope moving forward, is that they will be able to prevent those relationships from ever getting to that point.”

According to the provincial government, Alberta has the third highest rate of family violence in Canada, with 166 deaths between 2008 and 2017 due to domestic and family violence.

“I think in theory, it’s a good proposal, it’s just a matter of how it’s going to work now,” stated Debbie Winstone, program manager for the Bonnyville Victim Services Unit.

Parke also wasn’t clear on the details of Clare’s Law and how it would impact police protocol.

She said, “The proposed act would grant us new powers to take a proactive approach to preventing domestic violence. Currently, we aren’t able to share all relevant information about a person’s past, but with the passing of this act, we will be allowed to share vital details that may be able to help prevent a domestic assault from ever occurring.”

For White, Clare’s Law is just the start of supplying victims with information.

“If someone has a domestic violence record, that doesn’t stop. Someone who has a criminal record for this type of abuse, it’s really not a one-time thing. It’s important people know that they’re getting into that type of relationship and how serious it can be,” stressed White.

She continued, “When we know someone is that dangerous, we also know that the risk of genocide or domestic homicide increases amazingly.”

That risk is even higher when strangulation is involved.

“If there have been charges laid, this way a family that is becoming involved with this person at least knows and they can make an informed decision,” White stated.

The act also gives those who may have seen red flags more information about who they’re with.

“It kind of gives them a heads up, but until we know how it’s going to work, we don’t know,” said Winstone.

White said the DMSCC has helped 30 per cent more women and children in their shelter than previous years, and their 24-hour help line has seen the same increase in stats.

In a press release, Alberta Premier Jason Kenney said, “This legislation will be a critical new tool to help those at risk of experiencing domestic violence or facing abuse already by ensuring they have access to information about the violent history of their partners.”

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