In June 2021, the Disclosure to Protect Against Domestic Violence Act, commonly referred to as Clare’s Law came into effect in Alberta. The legislation outlines access to information that allows people to make informed choices about potentially harmful intimate partner relationships and is an important tool in protecting Albertans from domestic violence.
It identifies an individual’s right to ask for information regarding their current or former intimate partner’s potential risk for domestic violence. A person can also apply on behalf of someone else if they have their consent, are a legal guardian of the applicant, or have legal authority of the person. Applicants must provide a reason for why they are asking for information.
In addition, it allows police officers to apply, through the Right to Know process, to proactively provide relevant information to an individual if they have reason to suspect intimate partner violence is likely to occur. Information that may lead to a Right to Know request may come from a variety of sources, such as other investigative actions and anonymous reporting. The Freedom of Information and Protection of Privacy (FOIP) Act allows police to disclose information under circumstances of imminent risk.
For Clare’s Law purposes, domestic violence is the actual or threatened use of force in an intimate partner relationship that may include a single act or a number of acts of violence, which could include: physical, sexual, emotional, or psychological abuse; criminal harassment (like stalking); threats to harm children, other family members or pets; property damage; and exerting control over movements, communications or finances.
To be eligible for Clare’s Law a person must:
• live in Alberta
• be in an intimate partner relationship
• have a reason for applying which details why you feel at risk
• have met the person they have requested information about
• be willing to talk to, and meet with police to receive disclosure information
The Clare’s Law process consists of three steps:
- Initiation and validation of the application
- Risk assessment
- Providing the disclosure
There is no cost to apply. Once an application and all information has been confirmed, the Alberta government will confirm if the application is eligible under Clare’s Law.
For more information or to complete an application visit: Alberta.ca/ClaresLaw