‘BEYOND DISAPPOINTED’
RCMP won’t implement Clare’s Law
REGINA A law authorizing police forces to warn Saskatchewan people at risk from intimate partners with a history of abuse is coming into force next week, and the provincial government is troubled to hear the RCMP won’t participate.
The Interpersonal Violence Disclosure Protocol Act, known as Clare’s Law, is set to come into force on June 29, according to a government announcement on Monday.
The act was unanimously passed in May of last year.
It would allow police forces to disclose information about an intimate partner’s violent or abusive behaviour in the past.
But the RCMP indicated last week that it will not be participating. Saskatchewan Justice Minister Don Morgan said he was “caught off guard.”
He warned that could it put people in danger, especially in rural areas policed by the RCMP.
“If you’re in a community that does not have a municipal police force, the information that you may very well need that could save your life may not be available,” he warned in speaking with reporters on Monday.
Morgan sent a letter to the federal Public Safety Minister Bill Blair, saying he’s “beyond disappointed” in the decision. He urged Blair to “ensure that this decision of the RCMP is revisited.”
“It is unclear why the RCMP is refusing to protect victims of interpersonal violence through Clare’s Law,” Morgan added.
He said the RCMP was part of the process that created Clare’s Law. Morgan said he was at a loss for why they decided to back out now.
The RCMP sent a statement to reporters on Monday acknowledging it participated in discussions and planning around the law. It said it shared concerns about “some challenges with our participation because unlike municipal police services, the RCMP is subject to federal privacy legislation.”
“The RCMP is continuing to look into the matter, and considering how best it can support Clare’s Law objectives within its obligations under the federal Privacy Act,” the statement said.
The RCMP added it will continue to help people with concerns about domestic violence “through processes that have always existed for the RCMP.” It noted any member of the public can access information on criminal convictions through the courts.
But that information can be difficult to access, since it involves knowing precisely where court records are held. There is no centralized database available to the public.
Morgan was unaware of any internal process in the RCMP that would match Clare’s Law. He promised to continue pushing federal ministers for a reversal of the decision, even though it initially sounds like the Mounties are shutting the door.
He said a refusal would leave him “deeply troubled.” According to Morgan, that may force the provincial government to look at alternatives, like providing access to services for rural residents through municipal police forces.
Even then, the province might not have access to all the information it needs to provide a full risk assessment. “What might be missing is if there’s some local information that would be in the hands of a detachment,” Morgan said.
The regulations fleshing out how Clare’s Law will work, and the disclosure protocol they rely on, suggest that very little in the
way of personal information would be disclosed through the process.
The protocol limits the kind of information police can share with those at risk of violence to criminal convictions and a risk categorization of high, medium or low.
Morgan said that was precisely the aim of Clare’s Law, which is meant to make sure women have a heads-up about any risk, while protecting privacy rights.
“It’s not intended to be going on saying, you shouldn’t go out with this person because of A, B and C and that person’s past,” he said.
According to the regulations, parents or guardians can also apply on behalf of minors or people who lack capacity. In some cases, a third party with a close contact to a potential victim of violence can apply.
Police can also proactively determine that someone is at risk and start the process themselves.
In either case, they will have to determine whether a “concern” exists, taking into account past convictions for interpersonal violence, whether the intimate partner is a serial perpetrator and any other known information about previous violent behaviour, including cases not proceeded with.
The process will also involve a review committee that includes victims services and transition house representatives. It will provide input, though police services themselves will make a final decision on whether a disclosure should be made.
If so, a meeting must take place, generally at the police station. The person at risk, and any third parties involved in the application, must sign a confidentiality agreement promising not to disclose the information further.
The government maintains that the information will have to go through a “stringent review process” before being released.
NDP justice critic Nicole Sarauer said her party will be keeping a close eye on the implementation of the law to ensure it’s actually working.
She joined Morgan in hoping for a resolution with the RCMP. Sarauer agreed the decision is “disappointing.” But she said the government should be doing far more to protect people from domestic violence, such as funding a toll-free line for those at risk.
“Clare’s Law itself was only one small tool,” she said.
The RCMP is ... considering how best it can support Clare’s Law objectives within its obligations under the federal Privacy Act.