AI-assisted research summary: The Act defines interpersonal violence and lets victims seek emergency intervention orders, related lease relief, and other court remedies.
Victims of Interpersonal Violence Act Saskatchewan was the first province to introduce Victims of Interpersonal Violence related legislation in 1994. Since then, several amendments have been made to ensure that the legislation reflects advances in technology and to offer additional protections to victims of interpersonal violence. Interpersonal violence is defined as: • Any intentional or reckless act or omission that causes bodily harm or damage to property; • Any act or threatened act that causes a reasonable fear of bodily harm or damage to property; • Forced confinement; • Sexual abuse; • Harassment (including stalking, cyberstalking and other forms of electronic or personal harassment); • Deprivation of necessities (applying to persons in an ongoing caregiving relationship); • Conduct that constitutes a pattern of coercive or controlling behaviour; or • Human trafficking as defined in The Protection From Human Trafficking Act. The Victims of Interpersonal Violence Act allows for victims to be granted an emergency intervention order by a designated justice of the peace when interpersonal violence has occurred without notice. An application for an order can be made by a victim, a member of a category of persons designated in the regulations on behalf of the victim with the victim’s consent or a person on behalf of the victim with leave of the court or the designated justice of the peace. The application may be made in person, or by electronic communication or telephone. Once the emergency intervention order is made, the designated justice of the peace forwards the appropriate documentation to the court. A Judge will review the order and if satisfied that there is evidence to support the granting of the order, will confirm the order. If the court determines that interpersonal violence has occurred after representation by the involved parties, the court may make a victim’s assistance order, which includes additional provisions to assist victims including restraining orders, compensation for monetary losses suffered by the victim and any child of or in care of the victim, a provision that may grant either party temporary possession of specified person property (vehicle, chequebook, bank cards, medical insurance cards, etc.) and any other provision the court considers appropriate. If a residence is being leased by a respondent, and a victim of interpersonal violence is not party to the lease, but through an order is granted exclusive occupation of the residence, a landlord cannot evict the victim solely on the basis that the victim is not party to the lease. The Act enables the victim to assume the responsibilities of the lease upon request. Alternatively, if a victim of interpersonal violence or sexual violence is a tenant in a fixed term tenancy, they may apply for a certificate from an authorized person that will allow them to terminate the lease on 28 days’ notice without penalty. The Act also allows a designated justice of the peace to issue a warrant that will authorize the person named in the warrant to search and examine the place named in the warrant and any connected premises, assist or examine the cohabitant and seize or remove anything that may provide evidence that the cohabitant is a victim. Any application for an order pursuant to this Act is in addition to, and does not diminish any existing right of action for a victim. Any order made under the Act may be appealed on a question of law with leave of a judge of the Court of Appeal.