Nunavut family violence act set to take effect

A new law aimed at preventing domestic violence in Nunavut comes into force March 1.

Under the Family Abuse Intervention Act, which Nunavut MLAs passed in late 2006, Nunavummiut can go to a justice of the peace to issue an emergency protection order, ordering an abusive family member to be removed from the home within short notice.

The emergency order may also grant the applicant custody of children and possession of the family home, as well as prohibit the abusive person from contacting the family.

Three other types of orders will be available starting March 1, including:

• A community intervention order, in which extended family members, local elders and other residents can steer one or both partners in an abusive relationship into traditional Inuit counselling.
• An assistance order, to be granted by the Nunavut Court of Justice, can help separate a family or couple in less urgent abusive situations, in order to prevent further violence from happening
• A compensation order, also to be granted by the Nunavut Court of Justice, to help a victim pay for damages caused by an abusive person.

"Serious offences will be treated the way they are treated today, but this is to prevent recurring problems," said Premier Paul Okalik, who is also the territory's justice minister.

"Usually the serious offences start from the minimal stage and they escalate. So we're trying to intervene at the early stage and prevent the problems from escalating."

Communities across the territory have been preparing for the new act since January, by drawing up a list of people who can provide counselling to couples and another list of people willing to take in abusive people who may be asked to leave their homes because of an emergency protection order.

Justice officials said the legislation was developed following requests for more community-based powers to intervene in situations of domestic abuse.

"It's the first real opportunity for us to tackle a real problem in our communities, but at the same time, utilize some of the traditional ways that we tackled these challenges," Okalik said.

The act also relies on 17 new community justice outreach workers, who will be the first point of contact for anyone seeking an order under the Family Abuse Intervention Act. The department aims to put one worker in each community.

The Justice Department is paying for those workers, but they are reporting to the hamlet rather than the department, as a way to give communities further control under the act.

"We're hoping that abuse will be reported earlier," Deputy Justice Minister Markus Weber said.

"We're hoping that abuse of different types will be reported. Emotional abuse that previously wasn't criminal behaviour, it's still behaviour that we want to intervene in."