The Disclosure to Protect Against Domestic Violence Act, known as Clare’s Law, came into force in Alberta on April 1, 2021. The new legislation enables individual Albertans to complete a check to determine whether their partner has engaged in domestic violence historically with other partners.

According to the Government of Alberta, Clare’s Law is intended to provide individuals who feel at risk of domestic violence (referred to as the “person at risk”), with the information they require to make an informed decision about their safety and wellbeing. The background check will reveal to persons at risk whether his or her partner (known as the “person of disclosure”) has a history of:

1. domestic violence;
2. stalking or harassment; and or
3. breaches of no contact orders or other relevant acts.

For individuals who wish to learn more about the various protective Orders that can be obtained in Alberta, we direct them to our other blogs: Restraining Orders 101 and Protective Orders 101.

Obtaining Disclosure

There are 2 ways that disclosure may be provided to persons at risk:

1. Right-to-Know: Police or a Minister’s delegate may, of their own initiative, provide disclosure to an individual if they deem that individual to be a person at risk; or
2. Right-to-Ask: An individual can actively bring an Application for disclosure.

Right-to-Ask Application & Steps:

If an individual chooses to bring an Application, they must be willing to meet with Police and provide basic personal identifying information about themselves and the ‘person of disclosure’. As noted by the Government of Alberta website, individuals who intend to bring an Application should not place themselves in danger attempting to obtain to identifying information of the other party and should be aware that the person of disclosure will not be notified that an Application is being brought.

Who Can Apply

1. The person at risk;
2. A legal guardian or decision maker for a minor; or
3. A 3^rd party who has the consent of the person at risk.

Steps

There are three overarching steps to the Clare’s Law Right-to-Ask Application:

1. Initiation and Validation
2. Risk Assessment
3. Disclosure

The first step, initiation and validation, requires individuals to complete an online Application.

The Application is then reviewed by a government official who will screen the Application to make sure it is properly completed and take steps to correct deficiencies in the Application, if any.

Once the Application is deemed complete, a government official will request that the relevant police authority complete a check on the person of disclosure and the Applicant. The police checks will then be provided to the government official who will review the check to determine whether the Application is eligible for disclosure.

Per the Government of Alberta’s Clare’s Law protocol, an Application will be eligible for disclosure where the Application demonstrates:

1. A level/reason for concern of domestic violence;
2. The existence of an intimate partner relationship between the person at risk and the person of disclosure; and
3. The person at risk and the person of disclosure have met in person.

Once an individual is deemed to be eligible to receive disclosure, a risk assessment is undertaken, and a risk level is assigned to the Applicant. A disclosure package will then be completed based on the Applicant’s level of risk and the package will be provided to police – included in the disclosure package is a risk statement which is ultimately read to the Applicant.

Once the disclosure package is completed and received by their office, the police will arrange to share the risk statement with the Applicant. For individuals who were assessed to be a higher risk, the police meet with the Applicant and will verbally share the risk statement about the person of disclosure upon the Applicant signing a Confidentiality Agreement. The police will also offer social services to the person at risk during this interaction.

Privacy of Applicants & Persons of Disclosure

The disclosure is intended to allow a person at risk to make an informed decision only. All information received by a person at risk must be kept confidential. Further, stringent restrictions govern how the information may be used. Specifically, information obtained under Clare’s law cannot be used in court proceedings including but not limited to civil proceedings and family law proceedings.

Further, general Police “operating procedures” and duties continue to apply. So, if a crime is reported (or any party involved in an Application has a warrant  - including the Applicant him or herself), the Police will follow their standard operating procedure which may result in the unavoidable disclosure of an Applicant’s identity and potentially the arrest of the Applicant or the person of disclosure.

Further Information

For those seeking further information regarding Clare’s Law, we strongly recommend they review the Government of Alberta’s website, including the  Clare’s Law Protocol (the “Protocol”) issued by the government. The Protocol provides detailed steps and information about Clare’s Law. Individuals who are intending to bring an Application are strongly advised to review the full protocol before beginning the process.

If you have any questions or concerns, you can set up a consultation by calling our office at 587.440.3070 or by using the Contact form on our website. Our office is set up to work virtually and we can assist you with any family or divorce issues you may have during the COVID-19 pandemic.

The above information does not constitute legal advice. EBL Family Law is not liable for any reliance on the above information.