Question Period Note: National Implementation of “Clare’s Law”

On September 22, 2020, an article was published in The Globe and Mail entitled “Province calls on Ottawa to ensure RCMP follow Clare’s Law”, outlining that the Government of Alberta has adopted its own version of the legislation, set to take effect in April 2021, and has called for national implementation

• The RCMP has not refused to participate in or implement Clare’s Law, and the RCMP has been and continues to be supportive of this initiative.

• Legislation similar to Clare’s Law is pending in a number of provinces where the RCMP is contracted as the provincial police force. The RCMP must consider a nationwide approach to harmonize various provincial Clare’s Law frameworks within the overarching federal privacy regime.

• The RCMP is looking into the possibility of making regulatory amendments to permit the RCMP to disclose personal information under Clare’s Law consistent with federal privacy legislation.

• The RCMP is currently consulting other stakeholders, including the Office of the Privacy Commissioner, but does not have a timeline for when proposed amendments would proceed.

• The RCMP maintains its commitment to keeping families and communities safe and will continue to work with partner agencies and government departments to seek solutions to the serious problem of domestic violence.

• Anyone who has concerns for their safety should bring them to their police of jurisdiction, including the RCMP. The RCMP remains committed to helping any individual with concerns about domestic violence through processes that have always existed for the RCMP.

Clare’s Law was an initiative in England and Wales that was created in response to Clare Wood being murdered by her boyfriend in 2009. Ms. Wood was killed by an accused who had a record of violence against women. Her family believes that she would still be alive if she knew the full extent of the accused’s previous behaviour.

Saskatchewan’s The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act [“Clare’s Law”] and its regulations came into force on June 29, 2020, and Alberta’s own Clare’s Law legislation is set to take effect in April 2021. Clare’s Law permits an applicant, who is generally the partner at risk of being a victim of domestic violence [“PaR”] but also includes the parent or guardian of or an individual with a close personal connection to a PaR, to go to police and request a risk assessment of the PaR’s domestic partner committing domestic violence. The police would collect information from various police databases, both criminal record information and criminal history information, and forward the anonymized information to a multi-sector review committee. This committee would review the information, including police interactions, generate a recommendation regarding risk assessment (low, medium or high), and relay a recommendation to the police.

Early in the discussions and planning for the implementation of Clare’s Law, the RCMP identified that there may be some challenges the RCMP will need to overcome during the onboarding phase of the law due to the fact that the RCMP is subject to federal legislation, including privacy legislation.

From the outset, the RCMP identified federal Privacy Act issues, which could limit the RCMP’s ability to participate in Clare’s Law, and communicated these concerns to provincial partners.

The RCMP is looking into the possibility of amending the RCMP Regulations, 2014, to permit the RCMP to disclose personal information under Clare’s Law consistent with section 8(2)(b) of the federal Privacy Act, similar to amendments made to the regulations in 2016 authorizing disclosure of personal information to victim services organizations. We are consulting other stakeholders, including the Office of the Privacy Commissioner, but do not have a timeline for when the proposed amendments would be published in the Canada Gazette or come into force. Further details regarding this process cannot be provided at this time given the regulatory review is in its initial stages and further discussion risks infringing on solicitor-client privileged legal advice received by the RCMP.

The RCMP in Saskatchewan established interim measures to support the objectives of Clare’s Law in Saskatchewan, including the development of divisional policy providing guidance on the handling of Clare’s Law requests. The policy outlines procedures for both first-party and third-party requests. A statement is taken in all cases. If the statement discloses a criminal offence, the matter is dealt with via a criminal investigation. Persons who are identified by the RCMP as being at risk will be provided access to Victim Services, relevant information, and other resources to enhance their safety. Information is also provided on how to obtain publicly available information regarding criminal charges from the court.

The RCMP is continuing to look into the matter, and considering how best it can support the objective of Clare’s Law within its obligations under federal legislation, including the Privacy Act

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