Legislation inspired by ‘Clare’s Law,’ which was first implemented in the United Kingdom
The head of a Montreal-based family services agency is giving a thumbs-up to the CAQ government’s recently-adopted Bill 4, which allows criminal and police record information to be shared in order to prevent femicide and intimate partner violence.
Based on a UK law
In a June 11 statement, Premier Christine Fréchette’s government said they were proud to confirm the adoption by the National Assembly of Bill 4, inspired by Clare’s Law, “taking a significant step to prevent intimate partner violence and femicides and to combat these scourges.”
First implemented in the United Kingdom in 2014, Clare’s Law is named after Clare Wood, a woman murdered in England by a former domestic partner who police knew to be dangerous. Variations on the legislation, implemented in different areas of the world, provide several ways for police officers to disclose a person’s history of abusive behaviour to those who may be at risk.
Quebec’s Bill 4 amends various legislative provisions in order to allow the disclosure, to a person who fears for their safety or that of their child, of information concerning the history of domestic violence of a current or former intimate partner.
SQ and local police checks
Following a background check by the Sûreté du Québec (SQ), in collaboration with municipal and Indigenous police forces, disclosure will be made through a designated organization with expertise in domestic violence “to ensure compassionate and tailored support,” according to the government’s statement.
The person at risk can also be referred to appropriate resources if needed. The goal, says the government, is to provide the person at risk with as many tools as possible “to make an informed decision about their relationship, without imposing a decision.”
The law grants a victim the right to be informed of the conditions of any supervision imposed as part of a release order, a probation order with supervision, or a suspended sentence. It also grants the victim the right to be informed of the area where the person will be residing.
The government says significant collaborative work will continue in the coming months to develop tools with the partners involved who have expertise in this area, particularly as regards the use of the online application forms.
Some of the new law’s measures
The new law adds an additional mechanism to existing measures implemented in Quebec to combat femicide and intimate partner violence. These measures include:
- The addition of specialized domestic and sexual violence units within police forces;
- The deployment of electronic monitoring bracelets for perpetrators of domestic violence;
- The establishment and strengthening of rapid intervention units for domestic violence in all regions of Quebec;
- Emergency financial assistance to quickly relocate victims of sexual or domestic violence who wish to leave a dangerous environment;
- The creation of a dedicated phone line, which offers four hours of free legal consultation to all victims of domestic or sexual violence;
- And the creation and implementation of specialized courts for sexual and domestic violence cases.
A tool for domestic violence victims
Melpa Kamateros, executive-director of Shield of Athena Family Services, cited some examples of how the new law might be applied on a day-by-day basis.
“If you suspect something about someone your daughter is going out with, you will have the right under this law to go to the police station and ask if this guy has had any previous situations of conjugal violence, criminal arrests, complaints, if they’ve been tried,” she said.
While acknowledging she was aware that some critics have objected that disclosing personal information potentially violates individual privacy rights, Kamateros said, “As a person who works in the domain, this information could be a reliable source and an additional point of security for domestic violence victims.”
A right to feel safe
“Everyone should be able to feel safe with their intimate partner,” said Quebec Public Security Minister Ian Lafrenière. “I am particularly proud of the collaborative work with all my colleagues in the National Assembly. We don’t play partisan politics when it comes to violence against women.
“The adoption of this important bill is the concrete result of collaborative work among parliamentarians, united by the desire to do even more to combat femicide and intimate partner violence,” he continued. “The work is far from over, but the adoption of this bill is a strong step that strengthens our safety net. This measure complements a range of other measures already implemented by our government.”
‘We owe it to the women’
“Every time a femicide is committed, all of Quebec is in shock,” said Quebec Minister of Justice Simon Jolin-Barrette. “In recent years, we have worked tirelessly to better support victims throughout their healing process. If we can offer an additional tool that is more likely to prevent another tragedy, we must try.
“We owe it to the women of Quebec,” added Jolin Barrette. “If the measures included in the new law allow us to prevent even one case of domestic violence, all of society benefits. Once again, we are sending a clear message to victims: you are not alone.”
