Interpersonal Violence Disclosure Protocol Act (Clare’s Law)
Newfoundland and Labrador’s Interpersonal Violence Disclosure Protocol Act (the Act) gives people who feel at risk of intimate partner violence a way to get information about their partners so they can make informed choices about their safety. The Act is also known as Clare’s Law and is named after a young woman in the United Kingdom who was killed by an ex-boyfriend with a history of violence against women. Clare’s family worked to establish a law permitting the release of relevant information about prior criminal history to intimate partners so they could make informed decisions about their relationships.
Interpersonal violence disclosures are made in accordance with the Interpersonal Violence Disclosure Protocol Act, the Interpersonal Violence Disclosure Regulations, and the Interpersonal Violence Disclosure Protocol document.
About Interpersonal Violence Disclosure (Clare’s Law)
Under the Interpersonal Violence Disclosure Protocol Act, there are two ways information can be shared:
The Right to Ask means that members of the public can apply for the disclosure of information about their risk for interpersonal violence. In Newfoundland and Labrador, applications are processed by the Royal Newfoundland Constabulary (RNC) or the Royal Canadian Mounted Police (RCMP), depending on where you live.
The Right to Know is when a member of the RNC or RCMP proactively discloses information directly to a person at risk of intimate partner violence. If the police become aware that someone is at risk of intimate partner violence from a current or former partner, the police are empowered to provide information directly to that person.
The person at risk may not wish to speak with the police. This is their choice.
For more information about the procedures for disclosure, see the Interpersonal Violence Disclosure Protocol.
If you would like to share information about Clare’s Law, see the Interpersonal Violence Disclosure Fact Sheet.
Making an Application
The public can apply for information about a current or former partner (Person of Disclosure).
Applications are confidential. The person of disclosure will not know an application was made.
Applications can be made by the person at risk or a support person, with the person at risk’s consent. The person at risk must be in a current or former intimate partner relationship, which means a relationship between two people that is physically or emotionally intimate or both. This includes dating, common-law, and marriage relationships.
Applicants must have a reason for requesting the information, such as a concern for their safety or well-being.
Applicants must also be willing to speak with police to receive information about their risk. For more information about how this information is provided, see Disclosures below.
When applying, information must be provided about the person at risk and the person of disclosure. This includes:
- Full name;
- Address;
- Birth Dates;
- Contact information;
- Information about the relationship;
- Other identifying information; and
- Information about consent (if you are making a supported application).
Once an application is made, police will use the information in an application and their databases to ensure the eligibility criteria are met and assess an applicant’s risk of experiencing violence from an intimate partner.
If the eligibility criteria are met, police will meet with the person at risk (and support person, where applicable) to discuss their risk.
Supported Applications
A person at risk may have a support person assist in the application process. This support person must have written consent from the person at risk. This consent can be withdrawn at any point in the application.
Individuals can support someone at risk through all or some of the application process. They may apply on behalf of a person at risk and accompany the person at risk to disclosure meetings with the police. Support persons are subject to the same confidentiality requirements as the person at risk. For more information about disclosure meetings and confidentiality, see Disclosures below.
Applications can be supported by:
- A trusted friend or family member;
- A lawyer;
- A doctor;
- A registered nurse;
- A police officer;
- A registered psychologist;
- A social worker;
- A representative of an Indigenous government or organization where the person at risk is Indigenous; or
- A representative of an agency or organization that assists and supports persons at risk.
Disclosures
Once an application is processed, the police will request an in-person meeting with the person at risk (and the support person, where applicable) to discuss the applicant’s risk level. Risk is classified into four categories:
- Low Risk
- Medium Risk
- High Risk
- Insufficient Information
Along with the risk level, police will provide some contextual information surrounding the risk. This information will be provided verbally only. Applicants will not be provided written reports or permitted to take notes. Disclosure information will not contain specific information or details on the person of disclosure unless this information is otherwise publicly available.
Disclosure information is based on the information available to police at a particular time. Interpersonal violence often goes unreported to the police. Even if no information is available (insufficient information), the behaviour of the person of disclosure may be reason enough to be concerned about the risk of experiencing interpersonal violence.
Information provided in the disclosure must be kept confidential and only used to make an informed decision about safety. The information cannot be written down, recorded with video or audio, or shared on social media. The person at risk and any support person must sign a confidentiality agreement.
Definition: A person at risk is an individual who is a member of a current or former intimate partner relationship who is eligible for disclosure under the Interpersonal Violence Disclosure Protocol Act.
A pdf version of the application can be found here.
Getting Help
Call 911 if you or someone you know is in immediate danger.
For emergencies, call 911
Domestic Violence Help Line: 1-888-709-7090
Violence Prevention Initiative
RNC Intimate Partner Violence Intervention Unit:
For emergencies, please call 911; for non-emergency assistance, call 709-729-8000. For general advice, contact IPV@rnc.gov.nl.ca or call 709-729-8093 or 709-729-8270 (Please Note: This number is not monitored 24/7)
RCMP Intimate Partner Violence Unit:
Email: BdivSpecialVictimSection-UniteSpecialiseePourVictimes@rcmp-grc.gc.ca
List of RCMP detachments in Newfoundland and Labrador
List of Help Lines in Newfoundland and Labrador
- Information on Peace Bonds
- Information on Emergency Protection Orders
- Information on Intimate Partner Violence Intervention Court
- Online Requests (Court Records Checks)
Department of Justice and Public Safety – Victims’ Services:
A free service offered to victims of crime in Newfoundland and Labrador. Services are available to adult victims of crime, 16 years of age and older, whether or not the crime has been reported or a charge has been laid. Services are also available to children, youth, or witnesses (under 16 years of age) when charges are laid. A caregiver or legal guardian must consent to services.
Call: 709-729-7970 (not monitored 24/7)
Email: victimservices@gov.nl.ca
Legal Aid NL:
Legal Aid provides a range of legal services to low-income individuals in Newfoundland and Labrador in family and criminal law. Those eligible can access the service of one of Legal Aid’s experienced lawyers located throughout Newfoundland and Labrador.
Call: 1-800-563-9911
Email: nlac@legalaid.nl.ca
Public Legal Information Association of NL (PLIAN):
An independent non-profit that provides general information and education about the law to all Newfoundlanders and Labradorians.
Call: Mon-Fri 8:30 a.m.-4:00p.m 1 (888) 660-7788
Email: info@publiclegalinfo.com
For general information about Clare’s Law, please contact ClaresLaw@gov.nl.ca.
For Information regarding privacy, the collection of information under Clare’s Law, and the Access to Information and Protection of Privacy Act, 2015, please contact the Department of Justice and Public Safety’s Access to Information Coordinator at ATIPPJPS@gov.nl.ca or 709-729-0840.
Frequently Asked Questions
Is there an application fee?
There is no fee to apply or receive information under the Interpersonal Violence Disclosure Protocol Act.
I made an application. What comes next?
Police will contact you through the secure contact you provided in your application. They will discuss your application and determine how best to proceed. This could be a request to meet to discuss risk, or police could make direct arrangements for disclosure. You may have a designated support person attend meetings with police, provided they have your consent and agree to the confidentiality requirements. Police have the discretion to not proceed with your application if they determine the application criteria are not met. If they decide not to proceed, they will consult with you and discuss the reasons why they have chosen not to proceed. Police will still provide information on intimate partner violence and how best to protect yourself.
Application processing times may vary. If you are in immediate danger, please call 911.
Do I have to go to a police station to make an application?
Applications can be made online or directly at a police station if you are unable to complete an online application. The online application can be found above.
Can someone help me make an application?
Yes, under the Interpersonal Violence Disclosure Protocol Regulations and Protocol, you may choose to have someone support and assist you. A support person can be a trusted family member or friend or anyone of your choosing, a lawyer, doctor, nurse, social worker, police officer, a representative of an Indigenous government or organization, or someone working for an organization that assists persons at risk. Your chosen support person can work with the police at the early stages of the application and be with you every step, even at the final disclosure meeting with the police. Your chosen support person must have your written consent, and you can withdraw or reinstate consent at any point in the process. Anyone acting as a support person will be subject to applicable privacy and confidentially requirements.
I’m concerned about someone I know. Can I make an application for them?
Yes. However, you must have the consent of the person at risk to apply on their behalf. If you are concerned about someone but do not have their consent to make an application on their behalf, you may report this concern to the police; however, you would not be eligible to receive disclosure under Clare’s Law. Police may still accept and review the circumstances of this information and determine whether it is appropriate to approach the person at risk directly, also known as the “Right to Know” process. Police may also provide you with information on intimate partner violence and how to support someone. More information on how to help someone experiencing violence can be found on the Violence Prevention Initiative website.
Will the person of disclosure be made aware of the application?
No. The Clare’s law process is confidential. The person of disclosure will not be made aware an application was made.
I am interested in dating someone and want to check that I am not at risk. Can I make an application?
The police will not be able to provide information unless you can demonstrate that you are currently in a relationship or were in a relationship that has ended and you are concerned for your safety. If you are concerned about intimate partner violence, police may still be able to discuss your specific situation and provide information on how to recognize violence and how to safeguard yourself. There are also resources available on the Violence Prevention Initiative website.
Can I share the disclosure information?
Privacy and Confidentiality are very important to the Clare’s Law process. You and a support person (if you choose to have support) will be required to sign a confidentiality form agreeing not to share information prior to receiving any disclosures from the police. These confidentiality requirements are for privacy concerns as well as the safety of the person at risk. The disclosure provided to you by the police should only be used to make informed decisions about your security and to safeguard yourself.
The police approached me and want to make a “Right to Know” disclosure under Clare’s Law. What do I need to know?
Police may make a Right to Know disclosure when they receive direct or indirect information indicating that a person is at risk of intimate partner violence. Police must follow a procedure before approaching anyone to make a Right to Know disclosure. Before contacting you, police must confirm the accuracy of the information and discuss with a supervisor if a Right to Know disclosure is appropriate. If you accept a disclosure through Right to Know, you will be given an opportunity to have a support person with you, and you will be required to adhere to confidentiality requirements, including signing a confidentiality form before receiving the disclosure. You can also refuse to accept a disclosure under Right to Know. Police must end the Right to Know process if someone refuses to accept a disclosure. Refusing a Right to Know disclosure does not impact your ability to make a Right to Ask application at a later date for the same or a different partner.