The Justice System

Abuse is against the law in Canada.
This page introduces the laws designed to protect you and explains how to access the justice system in Alberta.

The law in Canada is divided into different areas, including family law, criminal law, civil law, child welfare law, and more, all of which deal with abuse in various ways. If you're experiencing abuse, you may interact with several areas of the law and different processes. 


Criminal Law
Criminal offences in Canada are prosecuted under the Criminal Code. Crimes are wrongs against society as a whole, so even though you may be a victim of a crime, it is not a private matter between two people. Many criminal offences relate to abuse, such as:

• posting photos online: sharing intimate images without consent (s. 162.1)

• feeling threatened or harassed: criminal harassment (s. 264)
  A physical act does not have to take place under this section of the Criminal Code. It is enough to feel threatened or harassed by some conduct. This is common with stalking, where victims may not feel they can submit a complaint because there hasn't been physical contact. 

• threatening to hurt someone: uttering threats (s. 264.1)

• hitting someone: assault (s. 265(1))

• forcing a partner to have sex: sexual assault (s. 272(1))

• unable to freely leave an environment: forcible confinement (s. 279(2))
  For example, a person using physical force to keep you contained in a room or an aggressor preventing you from leaving at your own will

• taking money/controlling finances: robbery or extortion (s. 343)

• demeaning or frightening conduct: intimidation (s. 423)

If you're experiencing abuse, you or someone you know may call the police, which might initiate an investigation and result in charges if there is evidence that a crime was committed. You do not get to decide whether the police lay charges. 

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Family Law

Family laws deal with matters between family members, usually separated partners or spouses or parents of children, such as:

• protection orders (Emergency Protection Orders and King's Bench Protection Orders)

• separation and divorce

• parenting time with children

• financial support (child, spousal or partner support)

• dividing family property

• moving with children

• adult interdependent partnerships
   

Different laws handle different family issues, and sometimes overlap, meaning you may have to use more than one law to deal with your issue.

• Canada's Divorce Act describes the process for getting divorced, as well as parenting orders, child support and spousal support for divorcing families.

• Alberta’s Family Law Act describes parentage and guardianship rules, as well as parenting orders, financial support and exclusive possession of the home orders.

• Alberta’s Family Property Act describes how married couples and adult interdependent partners divide property when a relationship ends, as well as Exclusive Possession Orders.

• Alberta’s Adult Interdependent Relationships Act describes adult interdependent relationships.

• Alberta’s Protection Against Family Violence Act describes Emergency Protection Orders and King’s Bench Protection Orders.

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Civil Law
Civil Law recognizes wrongs between parties. Parties are the people involved in the civil case such as individuals or legal entities like a corporation. A restraining order is a civil court order that you can get against anyone, regardless of their relationship to you.

 

Child Welfare Law

Child welfare laws describe how the government can intervene to support parents and children in a child's welfare is at stake. If someone has raised a concern about a child in your home, Alberta Children's Services (CPS) may become involved under the authority of the Child, Youth and Family Enhancement Act. 

Bill C-21
As of April 1, 2025, additions to the Firearms Act, S.C. 1995, c.39, include the revocation of firearms if an individual is subject to protection orders or is reasonably suspected of engaging in domestic violence. 

Changes to the Federal Legislation include sections 6.1 and 70.1 of the Firearms Act. Visit the website to learn more. 

• Protection Orders
  6.1 Subject to section 70.3 and the regulations, an individual is not eligible to hold a license if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family. 

• Revocation - Domestic Violence
  70.1 (1) If a chief firearms officer has reasonable grounds to suspect that an individual who holds a licence may have engaged in an act of domestic violence or stalking, the chief firearms officer must revoke the licence within 24 hours.

• Revocation - Protection Order
  70.2 (1) If an individual becomes subject to a protection order, their licence is automatically revoked and they must deliver to a peace officer any firearm that they possess within 24 hours or, if that is not possible, within any extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the individual in relation to such a firearm during that period.

Bill S-205
Bill S-205 became a law as of April 8th, 2025. It is an Act to amend the Criminal Code of Canada and to make consequential amendments to another Act (interim release and domestic violence recognizance orders). Meaning, it aims to prioritize victim safety and security by requiring courts to consider the victim's needs and consult with them before setting bail conditions in cases of intimate partner violence. The bill also introduces provisions for electronic monitoring, broader recognizance orders, and a new peace bond specifically for intimate partner violence cases.
View the website to see detailed amendments. 













Alberta Legislation
In Alberta, two courts and five laws deal with family issues.

• Alberta's Provincial Court: The Court of Justice deals with two laws

1. Alberta's Family Law Act

2. Alberta's Child, Youth and Family Enhancement Act

• Alberta's Superior Court: The Court of King's Bench can hear matters related to all five laws for family matters

1. Alberta's Family Law Act

2. Alberta's Family Property Act

3. Canada's Divorce Act

4. Alberta's Child, Youth and Family Enhancement Act

5. Alberta's Protection Against Family Violence Act

 

Clare's Law (Alberta's Disclosure to Protect Against Domestic Violence Act)
This law came into effect in Alberta on April 1, 2021 and is named after a young woman in the United Kingdom was killed by her ex-boyfriend who had a history of violence against women. The law outlines the process for getting information about potentially harmful intimate partners. If you think you're at risk, you can find out if your partner has a history of domestic violence, stalking or harassment, breaches of no contact orders, and other related acts. View the "Protecting Yourself" page to see how to start your process under Clare's Law. 

 

 

Protection Orders
If you feel threatened or at risk of harm, you can apply for a protection order to prevent the person causing harm from coming near you and your children. In Alberta, there are different kinds of protection orders, depending on your situation:

• Emergency Protection Order (EPO)

• King's Bench Protection Order (KBPO)​

• Exclusive Possession Order

• Restraining Order

• Peace Bond

• Mutual No-Contact Order

See the "Protecting Yourself" page to see which order is best for you.​