Debates of December 7, 2011 (day 3)
MEMBER’S STATEMENT ON EMERGENCY PROTECTION ORDERS
Thank you, Mr. Speaker. Today I would like to talk about emergency protection orders and the concerns that have arisen out of that.
The Protection Against Family Violence Act has been in force for about six years now, and I have no doubt that the emergency protection orders that have been issued have been instrumental in preventing violence against many people such as women and children. However, recent events have certainly highlighted potential abuse in this process and it has created terrible consequences that we have seen. The act does not provide relief for people who have been subjected to emergency protection orders that have been based on false claims and information. In the end, the onus for that person to clear themselves has been defined as someone who has had threatening or violent behaviour is they have to go to court and pay the court costs themselves to clear their name. The fair and unnatural justice isn’t a prevalent solution in this particular case. It falls upon the accused to now prove that they have become the victim.
Now that the emergency protection order process has been in place for a few years, I think it is now a good opportunity to take a look at this particular process to see how we can make sure that the system is fair for both those who are seeking protection and justice as well as those who have been accused. Ultimately, the question today before the House will lie is simply this: Will the Department of Justice allow an injustice process to stand or will they find a way to work through it? Thank you, Mr. Speaker.
Thank you, Mr. Hawkins. The honourable Member for Tu Nedhe, Mr. Beaulieu.