Public Consultation – Finding our Way Together in Newfoundland and Labrador

In 2005, Justice Minister Tom Marshall created a ministerial committee to advise him about how the justice system could enhance its response to violence against women in a timely, meaningful manner. The Committee would ultimately recommend legislation that provides immediate protective measures for families in urgent family violence situations.

The committee, chaired by the director of policy and strategic planning at the Justice Department, consisted of representatives from government and community groups committed to working collaboratively. These groups include the Provincial Advisory Council on the Status of Women; the Transition House Association of Newfoundland and Labrador; the Newfoundland and Labrador Sexual Assault Crisis and Prevention Centre;  the John Howard Society; an Aboriginal Women’s representative; the Women’s Policy Office; senior officials of the Royal Newfoundland Constabulary; the RCMP; Provincial Court; Public Prosecutions; Victim Services, Probation; Secure Custody; Policy and Strategic Planning; and the Legal Aid and Civil Law Division.

Public Engagement

To determine whether family violence legislation was an appropriate option to pursue, the committee held consultations across the province with front-line service providers and major stakeholders, such as women’s groups, who serve clients affected by family violence.  Public consultation allowed for meaningful dialogue between the public and government. The issues that were raised and the recommendations the Committee made shaped the government’s legislation and implementation plans. The Committee was actively involved in developing the proposal for the legislation.  The result of the collaboration among government and community groups was the Family Violence Protection Act.

In December 2005, the province proclaimed the Family Violence Protection Act, which took effectJuly 1, 2006. A ministerial sub-committee was established, working with a designated departmental leader, to develop and coordinate training across the province, prior to implementing the Act.  The subcommittee included representatives from the Court, the RCMP, the Royal Newfoundland Constabulary, the Transition House Association and the Provincial Advisory Council on the Status of Women.

Training sessions were based on an interagency model. The Department of Justice, major stakeholders within community, and other government agencies came together to become informed about the legislation. This collaborative approach was a major factor in the success of the legislation’s implementation.  Training was offered in 21 communities throughout Newfoundland and Labrador, in a total of 54 sessions attended by more than 1200 people. Since the Act has been in force, training has continued upon request and on an as-needed basis, following the same model.

Impact of legislation

The legislation permits the Provincial Court to issue Emergency Protection Orders in urgent situations to provide immediate protections where family violence has occurred.  It is not meant to decriminalize family violence, but rather to provide immediate short-term (90-day) protective measures, considering the unique and complex dynamics of family violence cases. Criminal charges may still be laid and investigated at the same time as either the police, lawyers or victims apply for an Emergency Protection Order.

The Emergency Protection Order can stipulate exclusive occupancy of the residence, temporary care and custody of children, the continuation of rental payments, and other measures that address the unique circumstances that victims of family violence face.  

While a formal evaluation of the new legislation has yet to be completed,  its impact is already visible through the number of applications being sought,  the number granted with conditions unique to the legislation,  and the informal feedback service providers have received.  

Where do we go from here?

The government/community collaboration model that worked to implement this Act has been invaluable for the success of this initiative. The contribution from the community in the development and implementation of the legislation has been critical to ensuring that victims of family violence are aware of the legislation, informed about how to access it, and receive the necessary supports and services to utilize it. The implementation was enhanced by the positive relationship between the government and the community, through the ministerial committee, which allowed continued dialogue about the legislation. This on-going relationship will allow for timely identification of issues that victims of family violence raise within their communities, and for a solution-based response to ensure the legislation works effectively to meet its objectives.  

In the coming year, the government plans to evaluate the implementation of the Family Violence Protection Act. We need to examine what we did well, whether we need to modify the legislation to fill gaps in implementation, and identify any lessons we can learn for the implementation of any similar initiatives in the future. An ongoing evaluation process will remain in place beyond the implementation stage. The community will be engaged in evaluating both the design and the process of the legislation, to ensure the continuation of the collaborative approach that has defined the success of this initiative so far.  

Susan Hoddinott
Program Coordinator
Victims Services
Department of Justice
Newfoundland and Labrador