Manitoba expands scope of domestic violence lawCTV.ca News Staff
Victims of dating violence can now apply for protection orders under a new law that has come into force in Manitoba.
"There will be protection for people in dating relationships," said Christine Melnick, Manitoba's family services and housing minister.
Under the previous legislation, only those who had been living together could apply for such protection.
"Any broadening out of legislation to protect victims is a step in the right direction," said Art Lepp, whose daughter Cory was murdered by an ex-boyfriend five years ago.
While many crisis workers are pleased to see these amendments to the province's Domestic Violence and Stalking Prevention, Protection and Compensation Act, some say women who may be in danger should be prepared to take charge whether or not they have a protection order in hand.
"Women have to do safety planning and protection planning if they feel they are threatened and if they are threatened, to take those threats seriously, it's a piece of paper that's the reality," Bernice Getty, of the North End Women's Centre told CTV Winnipeg.
According to Manitoba Justice, protection orders may include any of the following provisions necessary for immediate protection:
Prohibit the respondent from coming to the applicant's home or workplace or that of other specified persons
Prohibit the respondent from following the applicant or others
Prohibit the respondent from contacting or communicating with the applicant or others, directly or indirectly
Give the applicant or respondent possession of necessary personal effects
Provide peace officer assistance to remove the respondent from premises and/or to ensure the orderly removal of personal effects, and
Require the respondent to turn over weapons and authorize the police to search for and seize weapons
But some critics say the legislation is too broad.
Instead of going before a judge and arguing for a protection order, women can now get it the same day by seeing a justice of the peace the same day -- no questions asked.
The man isn't made aware of it until later. Winnipeg defence lawyer Jeff Gindin says the new law could step on Charter rights.
"You can have a complaint of some kind and you can get this thing -- without notice, without a hearing, without having to justify it with evidence," he told CTV News.
Men's rights advocate Roger Townsend of the Ottawa Men's Centre said: "My concern is that the prejudice is so extreme that I can't understand that such a crazy law was passed."
Manitoba officials say U.S. studies show one out of five women has suffered physical or sexual abuse while dating.
With a report from CTV's Jill Macyshon
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