Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m J A N U A R Y 2 0 1 9 11 S A S K A T C H E W A N PROPOSED LAW ALLOWS POLICE TO REVEAL HISTORY OF DOMESTIC ABUSE S askatchewan has the highest rate of family violence compared to any other province in the country, according to Statistics Canada. Now, the provincial government is trying to do something about it. Saskatch- ewan has become the first province in Canada to introduce legislation that, if passed, will make it harder for domestic abusers to hide their past. The proposed legislation will likely go before the Saskatchewan Legislature for debate, and passage, some time this spring. Under the program, when dealing with a domestic situation, police will under cer- tain circumstances be able to reveal to a complainant any history of domestic abuse on the part of their partner. The idea is that this will provide an early-warning sys- tem about a pattern of habitual abuse. The government has modeled the proposed changes on a program now in place in England and Wales. It allows police there to release this type of informa- tion to an intimate partner who may be at risk. The English legislation is colloquially called "Clare's Law." It is named after Clare Wood, a 36-year-old woman murdered by the man with whom she lived. He had a record of abuse. But prior to her murder, when her concerned father went to police, the police were not permitted to give him or his daughter any information about her partner. Marc Vanstone is an experienced Regina lawyer who practises both family and criminal law. "I can't say this is perfect, but it is certainly seems a step in the right direction," he says. But he does have some reservations. One issue, in his view, is that police should only release a list of relevant convictions, not the details of peripheral or non-crimi- nal matters. "Yes, provide information con- nected to previous violent convictions in a spousal context." But, Vanstone empha- sizes, "a bit of balancing is needed." He also thinks it is important that the information go only to those directly related to the mat- ter, such as the at-risk partner. "I wouldn't want to see police responding to anony- mous queries, for example." In his view, the information must be handled very careful- ly so as not to open the door to improper use. "Criminal complaints," he warns, "can be made to advance several agendas." Vanstone is not alone in raising these and other concerns. Saskatchewan's Min- ister of Justice Don Morgan acknowledges the proposed legislation presents some legal and institutional challenges. But he emphasizes the legislation "is something we think is incredibly important." — Geoff Ellwand OSGOODE'S PART-TIME PROFESSIONAL LLM WE ALL MAKE NEW YEAR'S RESOLUTIONS... LET US HELP YOU GET STARTED ON YOURS. Working full-time and pursuing your professional development goals are possible with Osgoode's Part-time Professional LLM programs. We offer you unparalleled flexibility to attend onsite at our downtown Toronto facility or via real-time video conferencing. Choose from 5 video conference ready specializations: · Administrative Law · Business Law · Constitutional Law · Energy & Infrastructure Law · Tax Law Canada's leading Professional LLM for lawyers, executives and experienced professionals Learn more about your options at osgoodepd.ca/resolutions Applications are now open for Fall 2019. Alicia Evers, LLB, LLM, Legal Counsel, Ontario Securities Commission ntitled-3 1 2018-12-12 2:41 PM R E G I O N A L W R A P

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