Announcements

Back to Announcements

New Acts Enacted - Family Practitioners

Stephen Harfield - Queck & Associates (Alberta. Joined 2017)

This is a note that 2 bills recently received Royal Assent:

1) Child, Youth and Family Enhancement (Protecting Alberta's Children) Amendment Act, 2019

see some information here: https://lawlibrary.ab.ca/staycurrent/2019/11/01/child-youth-and-family-enhancement-protecting-albertas-children-amendment-act-2019-received-royal-assent-october-30-2019/

2) Disclosure to Protect Against Domestic Violence (Clare's Law) Act

See some information here: https://lawlibrary.ab.ca/staycurrent/2019/11/01/disclosure-to-protect-against-domestic-violence-clares-law-act-received-royal-assent-october-30-2019/

1 - The Changes with CYFEA relate to reporting obligations. If a child is in need, you can now report to a police officer in addition to children's services. If you do not, then your punishment has increased - $10,000 fine, up from $2,000. Under the old act if you defaulted on payment you could be imprisoned for 6 months. Now you can be imprisoned for 6 months in addition to your hefty fine (or instead), no default required. I do not see the legal profession being exempted from reporting requirements.

2 - Clare's law is a shell of an act where everything will appear in the regulations (though note they do not have to pass regulations, they only "may").

I think the idea is that a person in a relationship may not know that they are in a relationship with a person who has a violent past, and this act allows for information about their person's criminal record, for example, to be made more easily available to them, the idea being that if they had this information perhaps it could inform their decisions about remaining in the relationship.

It seems to me on its face having greater access to disclosure *could* be a benefit, but then we are all aware that there are cycles of abuse, and the release of information could actually cause further isolation and distrust regarding people trying to help than actually preventing anything. And I would be concerned about whether disclosure could be used for unjust ends, like litigation tactics.

Overall, though, and again, it is really hard to know what this would actually look like. Everything would be developed in the regs (including the ability to redefine terms in the act, I might add), so we just have to wait for what those regs look like...if we ever get any.

**
If you want to stay current using Alberta Law Libraries who give regular updates on laws and cases, see this link and enter your email https://feed.press/e/mailverify?feed_id=staycurrent


2 80 days ago

Sai Ravikumar - Maple Leaf Law (Alberta. Joined 2018)

Thanks, Stephen!

1 80 days ago

You must log in or sign up to reply to conversations.


Back to Announcements









© 2016 to 2020 Kenneth J. Proudman. DISCLAIMER: The tools, documents, and other information herein are not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. By using this website, you agree to release Ken Proudman, Barr Picard Law, and Miller Boileau Family Law Group from all present and future claims and liability, including liability arising from any negligence.