Today, the Government of Newfoundland and Labrador proclaimed into force the Interpersonal Violence Disclosure Protocol Act, commonly known as Clare’s Law, which is aimed at increasing the safety for individuals in intimate relationships who are at risk of violence from their partners. With this, the regulations and protocol for Clare’s Law are now in effect and applications can be made online or in-person at a police station.

The Honourable John Hogan, KC, Minister of Justice and Public Safety and Attorney General, made the announcement today. Minister Hogan was joined by the Honourable Pam Parsons, Minister Responsible for Women and Gender Equality, and Malin Enström, Acting Executive Director for Iris Kirby House, to make the proclamation in St. John’s.

To make an application for disclosure, individuals need to be a resident of Newfoundland and Labrador, have reasonable concern for their safety or well-being while in a current or former intimate partner relationship, and be willing to meet with the police. Detailed information about the process is provided in the backgrounder below.

Clare’s Law is named after Clare Wood, a British woman who was murdered by her ex-partner in 2009. Wood’s family fought for a disclosure protocol that would enable individuals to obtain information from police about a partner’s documented history of violence, in hopes they may safely leave relationships when a risk of violence may be present.

Newfoundland and Labrador is the third jurisdiction in Canada to pass a law based on Clare’s Law. In developing the protocol for Newfoundland and Labrador, the Department of Justice and Public Safety consulted with other jurisdictions, engaged provincial police forces, and worked with stakeholders to define the complexities surrounding privacy, safety and service delivery.

The Interpersonal Violence Disclosure Protocol Act received Royal Assent on December 6, 2019.

Quotes
“This is about increasing the safety for individuals in intimate relationships who are at risk of violence from their partners. Clare’s Law is not going to solve the problem of intimate partner violence, but it will empower those at risk to have that extra piece of information to help them stay safe, if it exists.”
Honourable John Hogan, KC
Minister of Justice and Public Safety

“Violence of any form is unacceptable. This legislation demonstrates our government’s commitment to addressing intimate partner violence, and will be an added measure of safety for Newfoundlanders and Labradorians, especially women, girls and gender-diverse people who experience disproportionate levels of violence.”
Honourable Pam Parsons
Minister Responsible for Women and Gender Equality

“Clare’s Law raises awareness about the importance of healthy relationships. It contributes to breaking the cycle of violence and fostering safer communities, as well as serving as a reminder that love should never involve fear or violence.”
Malin Enström
Acting Executive Director, Iris Kirby House

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Promulgation de la [loi sur le protocole de divulgation dans les cas de violence interpersonnelle]

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Clare’s Law

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BACKGROUNDER

Interpersonal Violence Disclosure Protocol Act

Under Clare’s Law, there are two ways to receive information:

The Right to Ask is when a person applies to receive information about their risk for interpersonal violence.

The Right to Know is when the police proactively disclose information directly to a person at risk of intimate partner violence if they become aware a person is at risk.

Making an Application
Applications can be made online or in-person at a police station. All applications are processed by the Royal Newfoundland Constabulary (RNC) or the Royal Canadian Mounted Police (RCMP), depending on where you live.

When applying, information must be provided about the person at risk and the person of disclosure, including names, contact information, birth dates, and other identifying information. Information about the relationship and why an application is being made must also be provided.

Applications can also be made on behalf of a person at risk by a designated support person. Consent of the applicant is required in this case. This support person can assist applicants throughout the application process.

Eligibility
To be eligible to apply for information under Clare’s Law, applicants must live in Newfoundland and Labrador, be in a current or former intimate partner relationship, and 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 the police to receive information about their risk.

After you Apply
Once an application is made, police will use the information in the application and their databases to ensure the eligibility criteria are met and assess an applicant’s risk of experiencing violence from an intimate partner. Application processing times may vary depending on a variety of factors.

Once an application is processed, the police will request an in-person meeting to discuss the applicant’s risk level. Risk is classified into four categories:

• Low;
• Medium;
• High; or
• Insufficient Information.

Along with the risk level, police will provide contextual information surrounding the risk. The information provided at a disclosure meeting will be provided verbally and must be kept confidential. Police will meet with all applicants, regardless of the assessed risk level, as long as the eligibility criteria are met.