New Brunswick's Bill 17 Explained

Bill 17, the Disclosure to Protect Against Intimate Partner Violence Act, is a law in New Brunswick that gives police forces the authority to disclose information about a person's history of inflicting intimate partner violence to someone in a relationship with them. The purpose of the bill is to protect potential victims of domestic abuse by providing them with information to make informed decisions about their relationships. This bill was based on Clare's Law, a British statute passed in 2014, and it was introduced by Kris Austin, the Minister of Public Safety, in October 2022. It was among 24 bills passed by the Progressive Conservative government and made into law on the last sitting day of 2022.

Police forces can disclose information about a partner's history of violence

Bill 17, the Disclosure to Protect Against Intimate Partner Violence Act, is a law in New Brunswick that gives police forces the authority to disclose information about a partner's history of violence. This law is based on Clare's Law, a British statute that enables police officers to share information about a partner's criminal history, particularly regarding prior convictions for domestic violence or assault.

Under Bill 17, individuals who believe they are at risk of intimate partner violence can make an application for disclosure of information to the Minister of Public Safety. The police force may then collect and disclose personal information to determine if the applicant could benefit from the disclosure of information. This could include details of previous charges or convictions, such as assault, murder, or false imprisonment, which may not be publicly known. The police must also consider the genuineness of the request, the pressing need for disclosure, the necessity to protect the individual, and the impact on the perpetrator's rights.

The implementation of Bill 17 in New Brunswick is a significant step towards protecting individuals from intimate partner violence. It empowers individuals to make informed decisions about their relationships and take proactive measures for their safety. This legislation ensures that police forces have a framework to disclose critical information that could potentially save lives.

The introduction of this bill was driven by Colette Martin, a survivor of intimate partner violence. Martin's personal experience highlighted the need for such legislation, as her ex-partner had a history of violence against women, which she was unaware of. The bill received support from MLAs and was passed with royal assent, demonstrating the recognition of the importance of addressing intimate partner violence.

Bill 17, modeled after Clare's Law, provides a vital tool for individuals concerned about their partner's past to proactively seek information and make informed decisions. It emphasizes the role of police forces in disclosing information to protect potential victims and prevent future incidents of intimate partner violence.

The bill gives legal authority to police to disclose such information

Police Powers Under Bill 17

Bill 17, the Disclosure to Protect Against Intimate Partner Violence Act, gives police forces in New Brunswick the legal authority to disclose information about a person's history of inflicting intimate partner violence to their current partner. This is based on Clare's Law, a British statute passed in 2014. The bill was introduced by Kris Austin, the Minister of Public Safety, and it received royal assent in December 2022.

The bill allows police to collect, use, and disclose information, including personal information, for the following purposes:

• Making a disclosure to an applicant or their representative.
• Determining whether to make a disclosure.
• Assessing if a person could benefit from a disclosure application.
• Any other purpose prescribed by regulation.

The police can disclose information to the Minister of Public Safety, who may then collect additional information from any person. However, the Minister is restricted from using this information for any purpose other than the disclosure process. The Minister can also enter agreements with other jurisdictions to share information under similar laws.

Police Authority to Stop and Investigate

In June 2020, the New Brunswick government proposed Bill 17, which would grant police the authority to stop and investigate citizens without providing a reason. This proposal faced criticism from legal experts, civil libertarians, and politicians, who considered it an overreach of power that would enable racial profiling and unlawful information gathering through carding.

Police Powers During the COVID-19 Emergency

In March 2020, the Higgs government introduced Bill 17 to amend the Emergency Measures Act and clarify the powers of provincial enforcement officers during the COVID-19 pandemic. This bill allowed the cabinet to suspend provincial laws without an immediate legislative vote and gave police the power to stop and demand identification from citizens to investigate violations of emergency orders.

While Bill 17 has been criticized for granting police excessive authority, its supporters argue that it provides necessary clarity to enforcement officers, particularly during the COVID-19 emergency. The bill has undergone amendments and received royal assent, indicating its acceptance within the legislative process.

The bill is based on a British statute, Clare's Law, passed in 2014

Bill 17, also known as the Disclosure to Protect Against Intimate Partner Violence Act, is a new piece of legislation passed in New Brunswick. The bill gives police forces the authority to disclose to someone in a relationship that their partner has a history of intimate partner violence. This is based on Clare's Law, a British statute passed in 2014, which gives people the right to know if their current or ex-partner has any history of violence or abuse.

Clare's Law, or the Domestic Violence Disclosure Scheme (DVDS), is a police policy that allows members of the public to request information about a potential abuser. It is named after Clare Wood, a woman who was murdered in 2009 by her abusive ex-boyfriend, George Appleton. Wood's father campaigned to create legal means for police to warn potential targets of abuse about their partners' violent pasts.

The 'right to ask' and the 'right to know' are the two main elements of Clare's Law. The former allows the public, including a domestic partner, to request information from the police about a potential abuser. The latter, in certain circumstances, permits police to disclose such information to the public on their own initiative.

The New Brunswick bill, which was introduced by Kris Austin, the Minister of Public Safety, is intended to reduce intimate partner violence by providing legal authority for police forces to disclose information about an individual's history of abusive behaviour. This information can be disclosed to a person in a relationship with the abuser or to a close friend, neighbour, or family member concerned about a loved one's relationship.

The bill prohibits the sale of flavoured e-liquids for vaping

Bill 17, the Disclosure to Protect Against Intimate Partner Violence Act, is a piece of legislation passed in New Brunswick that aims to protect individuals from potential intimate partner violence. Among the 24 bills passed by the Progressive Conservative government and made into law on the last sitting day of 2022, this bill addresses the sale of flavoured e-liquids used for vaping. The bill's sponsor, Liberal Health critic Jean-Claude D'Amours, and the interim Leader of the Official Opposition, Roger Melanson, both expressed their concerns about the alarming rates of youth vaping in the province.

Flavours like cotton candy and peach are specifically mentioned as enticing options for young people, potentially leading them into a habit that can be challenging to break. The bill recognises that these products are harmful, particularly to young individuals, and seeks to discourage their use. This proactive approach demonstrates the government's commitment to addressing public health concerns and prioritising the well-being of its citizens, especially vulnerable youth who may be susceptible to nicotine addiction through vaping.

The bill's introduction and subsequent passage into law highlight the collaborative efforts of individuals and organisations advocating for change. Notably, Colette Martin, a survivor of intimate partner violence, shared her story and lobbied for a version of Clare's Law, a British statute passed in 2014, to be implemented in New Brunswick. Martin's efforts, along with the support of others, resulted in the introduction and swift passage of Bill 17 through the legislative process. This bill not only addresses the issue of intimate partner violence but also targets the vaping industry's appeal to youth, demonstrating the government's commitment to protecting its citizens' health and safety.

The bill aims to reduce the high rates of youth vaping in New Brunswick

Bill 17, the Disclosure to Protect Against Intimate Partner Violence Act, was passed into law in New Brunswick in December 2022. However, another Bill 17—An Act to Amend the Tobacco and Electronic Cigarette Sales Act—has been introduced in the Legislative Assembly of New Brunswick. This bill specifically targets the issue of youth vaping in the province.

The bill, presented by Liberal Health critic Jean-Claude D'Amours, aims to prohibit the sale of flavoured e-liquids used for vaping. D'Amours has stated that "prohibiting the sale of flavoured e-liquids is a relatively simple step that would have a major impact on the alarming rates of youth vaping in the province." The bill recognises that flavours like cotton candy and peach are particularly attractive to young people, with 90% of youth in New Brunswick initiating vaping with flavoured e-liquids, according to the Lung Association of Nova Scotia's survey.

The survey also revealed that 92% of youth currently use flavoured e-liquids, and an encouraging 48% said they would stop vaping if flavours were no longer available. This indicates that taking flavoured options off the market could significantly reduce the appeal and accessibility of vaping to young people. Roger Melanson, interim Leader of the Official Opposition, has voiced support for the bill, acknowledging the harm these products can cause and the need to protect young people from them.

By addressing the issue of flavoured e-liquids, Bill 17 takes a targeted approach to curb the high rates of youth vaping in New Brunswick. This measure is a reflection of the province's commitment to prioritising the health and well-being of its younger generation.

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