Domestic Violence Laws in Canada
Canadian laws protect individuals against domestic violence. Although the federal law does not specifically refer to "family violence law," an abuser can be charged with criminal offenses. Provincial and territorial governments might also have laws against domestic violence. As of June 2010, six provinces and two territories in Canada have specific domestic violence legislation.
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Assault
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An abuser can be charged for assault, assault causing bodily harm, assault with a weapon or aggravated assault. According to Duhaime.org, assault occurs when a person threatens to imminently apply force to another person with intent to harm without consent.
Sexual Assault
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Someone who has conducted domestic violence can be charged for sexual assault, sexual assault causing bodily harm, sexual assault with a weapon or aggravated sexual assault. Sexual assault refers to a sexual act by a person upon another person that is unwanted and without consent, according to Duhaime.org.
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Criminal Harassment
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Also known as stalking, criminal harassment occurs when a person repeatedly follows or communicates with another person, causing the other person to fear for her safety or the safety of someone known to her, according to the Department of Justice. Other conduct that could constitute criminal harassment includes watching the house or workplace of another person, or threatening conduct. A stalker might be imprisoned for up to 10 years.
Murder
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If domestic violence leads to murder or attempted murder, the abuser can be charged with a criminal offense. The Department of Justice defines murder as the death of a human being caused by someone who means to cause his death.
Failure to Provide Necessaries
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A parent, foster parent, guardian or head of a family has a legal duty to provide for the needs of any child under 16 years of age, according to the Department of justice. A person also has to provide necessaries of life to his spouse, common-law partner or any other person under his charge who is unable to provide for himself.
Kidnapping
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Someone who conducts domestic violence in Canada can be charged with kidnapping if he confines or imprisons another person against her will to obtain ransom or service, according to the Department of Justice. A person can also be charged with abduction of a person under the age of 16 if he takes the child out of the possession of his legal guardian against the will of the legal guardian.
Intimidation
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According to the Department of Justice, a person commits intimidation if he compels another person to do something or to refrain from doing something using violence, threats of violence, deprivation of items, stalking the person or blocking a highway.
Mischief
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A person commits mischief if he willfully damages property or renders it useless, according to the Department of Justice. Mischief also occurs when a person interferes with the lawful use of a property or interferes with a person lawfully using a property.
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References
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