Justice Minister Kaycee Madu (Photo supplied by the Government of Alberta / Flcikr)

By Canadian Press

Clare's Law

Alberta brings in Clare’s Law allowing access to intimate partner’s criminal records

Mar 30, 2021 | 1:18 PM

EDMONTON – Alberta is the second province to bring in a law that could help people at risk of domestic violence learn about their intimate partner’s criminal record.

The Disclosure to Protect Against Domestic Violence Act, which is informally known as Clare’s Law, comes into effect Thursday.

A similar law came into force last June in Saskatchewan.

It allows people who feel they may be at risk to apply for information related to a current or former partner’s potential risk for domestic violence.

“Domestic violence can happen to anyone, and its impact takes a toll on our society as a whole,” said Justice Minister Kaycee Madu Tuesday. “It is critical we have a system that can better protect those who are at risk of intimate partner violence.

“Clare’s Law allows Albertans to access information that will help them make an informed choice about their safety, and it also enables police to take proactive steps to prevent people at risk from being victimized.”

Under the Right to Ask protocol, any Albertan will be able to apply for disclosure regarding their current or former intimate partner’s potential risk for domestic violence. Albertans can also apply on behalf of someone else if they have their consent, or without consent if they are a legal guardian or have legal authority of the person.

Police will also be able to initiate a request under the act if they have reason to believe someone is at risk of domestic violence.

“This law has personal significance for me, and I pray to never experience abuse from a loved one again,” said Dianne Denovan, who is a survivor of domestic violence. “I know others who are going through the same ordeal and even people who have been seriously assaulted by boyfriends with violent pasts.

“People knowing these things before getting too involved can help them avoid assault and violence. I believe Clare’s Law needs to be recognized federally.”

The province adds individuals whose information is or is not being disclosed will not be informed an application was made about them. They add disclosures are allowed under the Freedom of Information and Protection of Privacy (FOIP) Act and safeguards are in place to ensure personal information is protected. The disclosure will only be presented in person and verbally.

The legislation was initiated in the United Kingdom and is named after Clare Wood, a woman who was murdered in 2009 by a partner she didn’t know had a violent criminal history.

In 2019, domestic violence calls accounted for 30 per cent all police-reported violence in Canada, says the province.

According to the Family Violence Death Review Committee, between 2008 and 2019 there were 204 deaths in Alberta due to domestic and family violence.

Applications will be available online starting April 1.

The province also reminds anyone who may be experiencing domestic violence can access supports through The Family Violence Info Line, which is available 24-7 toll-free and in more than 170 languages, at 310-1818.

(The Canadian Press, with files from Shaun Penner / EverythingGP)