Table of Contents
- What is a Restraining Order in Canada?
- Alternatives to a Restraining Order
- Legal Framework for Restraining Orders
- Understanding Criminal Inadmissibility in Canada
- Does a Restraining Order Lead to Criminal Inadmissibility?
- Seeking Legal Assistance
1. What is a Restraining Order in Canada?
In Canada, a restraining order is a court-issued directive that prohibits one person from having contact with another. These orders are primarily governed by family law statutes and are designed to protect individuals from potential harm, harassment, or fear of disadvantage, often arising from domestic violence, threats, or other harmful behavior. Key points about restraining orders include:
- Eligibility: To obtain a restraining order, an individual must demonstrate a genuine fear for their safety or the safety of their children due to the actions or behavior of a family member.
- Duration: The duration of restraining orders can vary, with some being temporary pending a full court hearing and others being long-term or indefinite.
- Prohibitions: Restraining orders may restrict the subject from approaching the applicant, their residence, workplace, or school and may also limit communication in any form.
- Enforcement: Violating a restraining order can result in legal consequences, including fines and imprisonment, depending on the specific province or territory.
2. Alternatives to a Restraining Order
For individuals seeking protection from non-family members or when restraining orders are not applicable, several alternatives exist, such as:
- Peace Bond: A court-issued peace bond requires an individual to maintain peace and good behavior for a specified period, often up to 12 months. This may include conditions such as maintaining a certain distance from certain places or people. It is sought when there is a fear of harm to oneself, family, or property and must be applied for in criminal court.
- Trespass Notice: In cases involving businesses or private property, a trespass notice can be issued to warn individuals that they are not permitted on the premises. Returning after being given notice may result in charges under provincial or territorial trespass acts.
- Civil Restraining Order: In situations where a peace bond is not suitable, individuals may seek a civil restraining order through civil courts, requiring legal action.
- Injunction: This court order prevents individuals from engaging in specific actions, such as approaching one’s residence or business. It is typically sought when other remedies have proven ineffective.
3. Legal Framework for Restraining Orders
Restraining orders fall under the purview of provincial and territorial family laws. Below is a table summarizing the relevant Acts for restraining orders, including key sections and potential penalties:
| Province/Territory | Act Covering Restraining Orders | Relevant Sections | Penalties Section | Max Jail Time (Worst Case)* |
|---|---|---|---|---|
| Alberta | Protection Against Family Violence Act | Sections 4-10 | Section 20 | 90 days |
| British Columbia | Family Law Act | Sections 183-190 | Section 230 | 12 months |
| Manitoba | Domestic Violence and Stalking Act | Sections 10-16 | Section 19(1) | 12 months |
| New Brunswick | Family Services Act | Sections 3-9 | Section 9(5) | 6 months |
| Newfoundland & Labrador | Family Violence Protection Act | Sections 5-11 | Section 27 | 12 months |
| Northwest Territories | Protection Against Family Violence Act | Sections 5-8 | Section 21 | 90 days |
| Nova Scotia | Domestic Violence Intervention Act | Sections 5-8 | Section 18(1) | Six months |
| Nunavut | Family Abuse Intervention Act | Sections 5-10 | Section 29 | Two years |
| Ontario | Family Law Act | Sections 34-40 | Section 40 | Six months |
| Prince Edward Island | Victims of Family Violence Act | Sections 5-10 | Section 13 | Two years |
| Saskatchewan | Victims of Interpersonal Violence Act | Sections 4-10 | Section 25 | Three months |
| Yukon | Family Violence Prevention Act | Sections 5-9 | Section 25 | 24 months |
*Note: The table provides general information and may not specify the exact sections of the laws. Consult a licensed lawyer for legal advice. The maximum jail time mentioned is a worst-case scenario and is usually less.
4. Understanding Criminal Inadmissibility in Canada
Criminal inadmissibility in Canada can be divided into two main categories: Criminality and Serious Criminality. It applies to:
- Permanent residents (Serious Criminality)
- Foreign nationals (Both Criminality and Serious Criminality)
5. Does a Restraining Order Lead to Criminal Inadmissibility?
A restraining order is primarily a civil matter and does not directly result in criminal inadmissibility. However, several considerations should be taken into account:
- A restraining order may be related to a criminal offense, such as assault, uttering threats, criminal harassment, kidnapping, forcible confinement, or sexual assault, as defined in the Criminal Code of Canada.
- Violating a restraining order can lead to criminal convictions, as shown in the previous section.
- Alternatives to restraining orders could also result in criminal convictions in specific circumstances.
- If the restraining order is issued in a jurisdiction outside Canada, consulting a Canadian lawyer is essential to determine its equivalency under Canadian laws.
6. Seeking Legal Assistance
It is important to note that this information is not legal advice. If you are facing a situation involving a restraining order, immigration, or criminal inadmissibility in Canada, it is advisable to consult with a licensed lawyer who can provide personalized guidance based on your specific circumstances.
