Clare's Law

Date: June 23, 2020
Classification: unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: RCMP

Issue:

On June 22, 2020, the province of Saskatchewan issued a media release advising that the Interpersonal Violence Disclosure Protocol (Clare’s Law) Act comes into force on June 29, 2020, and that all municipal police services will be participating in this new protocol but

that the RCMP had recently indicated that it will not participate.

Proposed Response:

Background:

Clare’s Law was an initiative in England and Wales that was created in response to Clare Wood being murdered by her boyfriend in 2009.  Ms. Wood was killed by an accused who had a record of violence against women. Her family believes that she would still be alive if she knew the full extent of the accused’s previous behavior.

Saskatchewan Bill 141- The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act authorizes a police service to disclose certain risk-related information to a current or former intimate partner where such information will assist the current or former partner in making informed decisions about their safety and the relationship. An application can be made by a person who feels they may be at risk of harm by a current or former intimate partner.  A third party, such as a parent, can also make an application on behalf of a person, with or without their consent. If a criminal offence is reported during the application, the police will investigate the substantive offence. The protocol acts as a roadmap for police officers to make disclosures when they determine an individual may be at risk in their intimate relationship. The Act provides immunity for officers acting in “good faith”.

Once an officer assesses whether there is a risk, the file can then go to a multi-sector review committee for further assessment and review, which includes a full risk determination (low/medium/high) and further recommendation on disclosure. Risk level (low/medium/high) will then be disclosed to the person making the application, along with any relevant criminal convictions.

Bill 141, The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act received Royal Assent on May 15, 2019. Since then, the province of Saskatchewan has been working with law enforcement in Saskatchewan and other partners on implementation processes. The RCMP identified from the outset federal Privacy Act issues which could preclude the RCMP’s ability to participate in the Clare’s Law protocol and communicated these concerns to provincial partners. Clare’s Law comes into force on June 29, 2020. The RCMP is continuing to look into the matter, and considering how best it can support Clare's Law objectives within its obligations under the federal Privacy Act.

Contacts:

Prepared by: C/Supt. Alfredo Bangloy, Officer in Charge, Provincial Criminal Operations, “F” Division RCMP, Mobile 306-501-3876.
Approved by: Name, title and phone number (ADM or equivalent only)

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