MANITOBA STANDS UP!!!

Province widens domestic-violence law
Last Updated Nov 3 2005 06:09 PM CST
CBC news
Manitoba's justice minister has overhauled the Domestic
Violence and Stalking Act to allow immediate orders
of protection to people in new types of relationships.
Previously, the law only provided immediate protection
to people living together. Now, the law has been
changed to offer protection to people who are dating,
and to other family relationships such as parents and
children or grandparents and grandchildren.
Victims of violence can argue their case in court to a
magistrate, and the order may be granted the same day.
Justice Minister Gord Mackintosh says the previous
legislation was too restrictive.
"I've been very concerned that one of the areas that has
not been given proper attention is dating violence,"
he said. "Studies have shown that one in five girls have
suffered from sexual and physical abuse in a dating
relationship. I think this is one of the new frontiers of
violence against women."
The amendment to Manitoba's domestic violence laws
came into effect this week. Mackintosh says Manitoba
is the first province to put such legislation in place.
One date sufficient for order?
The changes are being applauded by people who work
with victims of physical and sexual abuse in shelters.
But defence lawyers say the law could face legal
challenges under the Charter of Rights and
Freedoms because the person the order is granted
against is considered guilty before he has a chance
to defend himself.
"It's a little vague, because there are some things
that aren't defined clearly. It's now extended beyond
what it was extended to before to include dating
relationships.
What does that mean?" said Jeff Gindin, past
president of the Manitoba Defence Lawyers
Association.
"Maybe there was one date or a cup of coffee.
That's suddenly sufficient to allow someone to get
an order against someone without the usual hearing
or chance to object, because there's a lot of shortcuts
in this act, making it easier to get protection and
prevention orders, and there are dangers with that
because the other side doesn't get their chance to
get their say."
But Minister Mackintosh says the new legislation
complies with the charter.
The legislation also gives the courts the power to order
counselling, therapy and compensation.
link:
http://www.cbc.ca/manitoba/story/mb_violence-20051103.html


Yes, Way to go Manitoba!!!!!!!!!!!!!