Proposed law gives Manitobans access to sensitive information about partners to protect themselves, children

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Critical information held by the authorities about a person’s history of violence, abuse or exploitation could be disclosed to their intimate partner under new legislation proposed by the Progressive Conservative government.

Families Minister Rochelle Squires introduced The Disclosure to Protect Against Intimate Partner Violence Act on Monday.

Bill 43 establishes a framework for the disclosure of sensitive information held by police or other public bodies regarding an intimate partner to an applicant in cases where their safety, or the safety of their children, is at risk.

“It is important that Manitoba continue to address gender-based violence. Bill 43 empowers those concerned for their safety or the safety of their children with supports, safety planning and information to take the next steps that they determine are best for their family,” Squires said during a press conference at the Manitoba legislature.

Squires described the legislation as the “new generation” of Clare’s Law, a policy or statute used in other jurisdictions to ensure women and other vulnerable people are aware of an intimate partner’s history of violence or abuse.

Such legislation was first adopted in the United Kingdom and named after Clare Wood, a British woman who was murdered in 2009 by her partner, who had a lengthy criminal record of sexual violence.

However, Squires said her bill goes farther than other jurisdictions by ensuring information about sexual violence and family violence can be disclosed, in addition to intimate partner violence records.

Ma Mawi Wi Chi Itata executive director Diane Redsky endorsed the proposed legislation, saying it responds to Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

In addition to working on the front-lines with Ma Mawi, Redsky also serves as the chair of the urban working group for MMIWG National Action Plan development, mandated in the Calls for Justice.

“This legislation works towards that transformational change that we need to happen at the grassroots level for the care and protection of Indigenous women and girls,” Redsky said. “It is so important because it focuses in on prevention.”

Survivors of domestic and gendered violence often say if they had known of their partner’s violent past, they could have done more to protect themselves, seek support or prevent abuse for occurring in the first place, Redsky said.

“We all know that knowledge is power — power in the hands of women and gender-diverse people to protect themselves,” she said, adding the province must ensure disclosure is easy for applicants and provided in a timely manner if legislation is to be successful.

Squires said target turnaround times have yet to be established. However, she acknowledged speed is critical and service standards may be set out in regulation.

Under the proposed legislation, a person who is concerned an intimate partner poses a safety risk can apply to the provincial government for information about their past.

A provincial director would then assign a police agency to assist in reviewing the application and assess whether the applicant is at risk of intimate partner violence. The director and the police agency can disclose information following the assessment.

The proposed legislation also allows specified individuals — including those with power of attorney or parents — to apply for disclosure information on behalf of another person.

As a condition of receiving information under, the province would also conduct a risk assessment, create a safety plan for the applicant and offer them appropriate support and resources.

“It is understood that if anybody is making application under Clare’s Law there is significant concern already and that we want to connect them with the right resources,” Squires said.

Justice Minister Kelvin Goertzen said there has been extensive consultation with police services and other justice officials to get compliance when it comes to disclosing records that would otherwise be subject to privacy laws.

“It is important always to balance the right of information with the right to protect information,” Goertzen said. “But the right to protect information should not come at the cost of those who might otherwise be vulnerable or be at harm because they can’t access that information.”

NDP justice critic Nahanni Fontaine said the bill is necessary for women, gender-diverse people and families, but said many important details about the program are unclear.

“Years of PC cuts to families and justice have left the departments understaffed,” Fontaine (St. Johns) said in a statement. “It remains to be seen how the PCs will facilitate this law to make it effective while cutting the services families rely on.”

danielle.dasilva@freepress.mb.ca