Yellowknife (Oct 17/03) - The protection against Family Violence Act became law Oct. 10, but some are still concerned that the legislation doesn't meet all the needs of victims.

Arlene Hache

The major amendment under the new law is the establishment of a quick court procedure for protection from a family member threatening violence. People can apply for an emergency protection order 24 hours a day, seven days a week from a justice of the peace.

Once issued, the order must be reviewed by the Supreme Court of the NWT, and the justice can revoke or vary it at their own discretion.

Arlene Hache, executive director of the Centre for Northern Families, was skeptical about the act initially, and told Yellowknifer in September that the legislation will only work if police respond adequately.

"They are not well trained on the dynamics of family violence," she said.

The act, however, is supposed to provide more tools for the RCMP and courts to help them understand and deal with the issue of family violence.

Rebecca Latour, director of family violence programs at the YWCA, said that this legislation is only a piece of the bigger puzzle.

"It's got a lot of potential but it's only as good as we make it," said Latour.

"My big push is that we all receive the same amount of training."

Maj. Karen Hoeft, director of community development at the Salvation Army, said that although she feels issuing emergency protection orders under the legislation will work, her concerns reside with the long term orders that are also part of the law.

"Those orders are not used as much in Canada," said Hoeft. "I just don't like it when we legislate more than we need to."

Hoeft said that the emergency protection order actually supersedes the Criminal Code of Canada, because the violator is removed even before a charge is laid. But under the long-term orders, property rights would not be affected and a process is required for obtaining a warrant to assist a person who may be subject to family violence.

Hoeft said it is these non-emergency orders that should be left out of the legislation.

"We could spend the resources on healing instead," said Hoeft.

Les Harrison, director of community and family violence with the Yellowknife Health and Social Services Authority, said it is still too early to tell whether social services participation will increase as a result of this new legislation.

Under the child protection law that already exists, the RCMP and community shelters are required to contact social services if a child is subject to any form of abuse.

Harrison said this hasn't changed with the implementation of the new family violence law.

He said that the RCMP must still use their own discretion when deciding whether to call social services, but added they have regular discussions with the RCMP about appropriate referrals or reasoning for reporting cases.

"Whether it will or will not deter victims from calling is hard to say," he said.

Harrison said that although social services has a good working relationship with the RCMP and other community shelters, there are times when disagreements may arise about the best approach to take in certain situations.