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Preventing domestic violence
The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act gives people who feel at risk of domestic violence a way to get information about their partners so they can make informed choices about their safety. Alberta’s version of Clare’s Law is named after a young woman killed by an ex-boyfriend with a history of violence against women.
People at risk can find out if their partner has a history of:
- domestic violence
- stalking or harassment
- breaches of no contact orders
- other relevant acts
Definitions
Person at risk – the person determined to be at risk of domestic violence.
Person of disclosure – the person you want to get information about.
Disclosure – when the police provide a person at risk with information about potential risk of domestic violence.
For more information, see Disclosure to Protect Against Domestic Violence (Clare’s Law) Act protocol.
How to get information
You can receive information from the police in 2 ways:
Right to know
Police can proactively provide you with relevant information if it is determined you are at risk of domestic violence. You do not need to make a Clare’s Law application for this type of disclosure.
The person at risk may not want to talk to the police. That is their choice.
For police to start the process, they must:
- have reason to believe an act of domestic violence is reasonably likely to occur
- apply to the government to provide information to the person at risk
Right to ask
You can apply to find out if your current or former intimate partner has a history of domestic violence.
Make an application
The person you want information on:
- is the person of disclosure
- will not know about your application for information
Providing information
The person at risk must agree to meet with police in person to receive information.
When making an application, you will be asked to provide information about yourself and the person of disclosure in the application. This includes:
- full names
- addresses
- birth dates
- contact information
- your relationship with the person of disclosure
- other identifying information
If you do not know the answers to any questions about the person of disclosure in the application, please do not place yourself at risk by attempting to find them.
During the application process, the police will need to check law enforcement databases on the:
- person of disclosure
- applicant/person at risk
- third party if it is a third-party application
Applications must be complete for the application to be eligible.
Disclosure rules
The police only provide information to a person at risk so that person can make an informed decision about their safety. It cannot be shared with anyone else.
There are rules about how information disclosure is made:
- the police will only meet with the person at risk or other authorized individuals
- the meeting must be in person
- the information will only be shared verbally
- the person at risk and any other authorized persons receiving disclosure must sign a confidentiality agreement
Disclosure cannot be:
- written down
- recorded with video or audio
- shared on social media
- told to another person
- used for any legal proceedings
Who can ask
People who feel they are at risk
You can apply for information if you:
- live in Alberta
- are in an intimate partner relationship – which is a relationship:
- between 2 people of any gender
- that is physically or emotionally close, or both
- that includes current or former dating, common-law and marriage relationships
- have a reason why you want the information – like fear or worry for YOUR safety or well-being:
- you MUST detail why you feel the person of disclosure will cause you harm
- will talk to and meet with police to receive information
People who feel at risk can apply to find out if their partner has a history of:
- domestic violence
- stalking or harassment
- breaches of no contact orders
- other relevant acts
Third-party applicant
A person applying to get information on behalf of a person at risk is called a third-party application.
If you make a third-party application:
- you must have consent of the person you feel is at risk
- be sure the person at risk will agree to talk to the police
You can apply for another person if one of these things is true:
- the person gave you permission to apply for them
- you have that person’s legal authority
- you are that person’s legal guardian
If you are a third-party applicant, the person who you feel is at risk will be contacted to make sure they want to go ahead. Only the person you feel is at risk, or other legally authorized persons, will receive information.
Who cannot ask
You cannot apply to get information if you:
- have not met the person of disclosure in person
- cannot provide a valid reason why you want to get this information
- want to use the information for malicious intent or other reasons like:
- a child custody hearing
- a divorce proceeding
- any other court process
- sharing with any other person
Apply online
It takes about 30 minutes to fill out the form.
Collection notice
The personal information of the applicant, person of disclosure and any applicable third parties collected through the ‘Clare’s Law’ application will be checked against law enforcement databases and used for the purpose of:
- verifying identities
- confirming eligibility for the Clare’s Law program
- identifying/preventing program misuse
- conducting a risk assessment
- establishing the context of the intimate partner relationship
- providing disclosure
If you choose to proceed, the personal information you provide will then be:
- used in accordance with Clare’s Law
- provided to police for law enforcement purposes
- used to connect you with social supports if you so desire
- provided to the Government of Alberta for internal program evaluation
This personal information collection is:
- authorized under section 2 of the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act
- authorized under section 33 (a), (b) and (c) of the Freedom of Information and Protection of Privacy (FOIP) Act
- protected in accordance with sections 33 to 40 of the FOIP Act
If you have any questions about this collection and use of personal information, email [email protected] or call 780-427-3460 or toll free 310-0000.
After you apply
Help will be offered
The application for information is the first step. Applicants and persons at risk will be asked many times if they need support for domestic violence.
Getting answers
It will take about 4 weeks to get disclosure information.
Privacy
The person of disclosure will not be told there was an application for information about them.
People can trust that their personal information will be safeguarded and only relevant details will be disclosed to those who are authorized to receive it.
If a crime is reported – or if an applicant or person of disclosure or third party applicant (if applicable) has warrants – the police have a duty to respond and conduct an investigation in line with normal operating procedures.
If a crime is reported, it may not be possible to protect the identity of the person at risk.
Regardless of any circumstances that may arise in the process, the Clare’s Law program will continue to be focused on providing information to persons at risk so they can protect themselves:
- Support will continue to be offered to the person at risk.
- The Clare’s Law process can run at the same time as any ongoing investigation.
The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act is enabled under the Freedom of Information and Protection of Privacy (FOIP) Act. Privacy legislation in Alberta governs the collection, use and disclosure of personal information.
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