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Practical Guide to Elder Abuse and Neglect Law in Canada

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Northwest Territories

This section outlines:

  1. A snapshot of the law in the Northwest Territories
  2. Key laws and regulations
  3. Protection orders under the Protection Against Family Violence Act
  4. Reporting abuse by a regulated health care professional
  5. Exceptions to confidentiality and privacy rules
  6. Financial substitute decision-makers in NWT and how to challenge their authority
  7. Statutory employment leave for family violence
  8. Key government and community contacts

1. Snapshot

Key features of elder abuse and neglect law in the Northwest Territories

The Northwest Territories does not have a law that requires people to respond to abuse or neglect of older adults.

A person can apply for a protection order under the Protection Against Family Act if they are experiencing family violence. Family violence is broadly defined to include acts, threats, and omissions that cause bodily harm, property damage, or a reasonable fear for safety, and some kinds of emotional, psychological, or financial abuse.

An older person who is an employee may be eligible for up to ten days job-protected leave of absence under the Employment Standards Act if they have experienced family violence (5 days of which are paid leave).

2. Key Laws and Regulations

Family Violence

Health Care

Personal Planning

Privacy

Employment Protections

3. Protection Orders under the Protection Against Family Violence Act

The Protection Against Family Violence Act[22] includes provisions for obtaining protection orders in cases of family violence.

3.1 Definitions

A person can apply for a protection order or emergency protection order if they or their child have experienced family violence. Family violence is broadly defined to include acts, threats, and omissions that cause bodily harm, property damage, or a reasonable fear for safety, and some kinds of emotional, psychological, or financial abuse.

  • (2) In this Act “family violence” means any of the following acts or omissions committed against an applicant, any child of the applicant or any child who is in the care of the applicant:
    • (a) an intentional or reckless act or omission that causes bodily harm or damage to property;
    • (b) an intentional, reckless or threatened act or omission that
      • (i) causes the applicant to fear for his or her safety,
      • (ii) causes the applicant to fear for the safety of any child of the applicant or any child who is in the care of the applicant, or
      • (iii) causes any child of the applicant or any child who is in the care of the applicant to fear for his or her safety;
    • (c) sexual abuse;
    • (d) forcible confinement;
    • (e) psychological abuse, emotional abuse or financial abuse that causes harm or the fear of harm to the applicant, any child of the applicant or any child who is in the care of the applicant.[23]

3.2 Who can apply for an order

In order to apply for a protection order, the older person must:

  • Have lived with the abuser in an intimate or family relationship;
  • Have a child with the abuser, or be the abuser’s spouse or former spouse; or
  • Be the parent or grandparent of someone experiencing family violence.
  • 2. (1) The following persons may apply for an emergency protection order or a protection order:
    • (a) a spouse or former spouse of the respondent;
    • (b) a person who resides with, or has resided with, the respondent in an intimate or family relationship;
    • (c) a person who is, together with the respondent, a parent of a child;
    • (d) a parent or grandparent of
      • (i) the respondent, or
      • (ii) a person referred to in paragraph (a), (b) or (c).[24]

The following people may also apply for emergency protection orders on behalf of a person experiencing family violence:

  • An RCMP officer;
  • A government employee trained to help a person apply for protection orders;
  • A counsellor at the YWCA Alison McAteer House trained to help a person apply for protection orders; or
  • Any other person with leave of the court.[25]

3.3 Emergency protection orders

If a person is in immediate need of protection, they can apply for an emergency protection order.

A justice of the peace or judge can grant an emergency protection order if:

  • There has been family violence;
  • The older person is at risk of harm; and
  • The order needs to be made urgently to ensure the immediate protection of the older person or their property.

In deciding whether to grant the order, the justice of the peace or judge must consider:

  • The nature of the family violence;
  • The history of family violence towards the person;
  • The immediate danger to persons or property; and
  • The best interests of the person and their child (if any).

The order can be in effect for up to 90 days.[26]

All applications for emergency protection orders must be held in private, with only:

  • The parties;
  • Their legal counsel (if any); and
  • Court personnel present.[27]
  • Emergency protection order
  • 4. (1) On an application that may be made ex parte, a designated justice may make an emergency protection order if he or she is satisfied on a balance of probabilities that
    • (a) family violence has occurred; and
    • (b) by reason of seriousness or urgency the order should be made without delay to ensure the protection of the person who is at risk of harm or the property that is at risk of damage.
  • Factors for consideration
  • (2) In determining whether an emergency protection order should be made, the designated justice shall consider, but is not limited to considering, the following factors:
    • (a) the nature of the family violence;
    • (b) the history of family violence by the respondent towards the applicant or other person at risk of harm;
    • (c) the existence of immediate danger to persons or property;
    • (d) the best interests of the applicant and any child of the applicant or any child who is in the care of the applicant.[28]

Terms of an emergency protection

Possible terms of the emergency protection order include:

  • No direct or indirect communication with the older person or another specified person;
  • Exclusive occupation of the residence;
  • Removal of the abuser from the residence by a police officer;
  • Police accompaniment to collect belongings;
  • Temporary possession of personal property;
  • Restraint of the abusive person from dealing with the adult’s property;
  • Seizure of weapons by police; and
  • Any other terms the justice or judge considers necessary.[29]

All emergency protection orders must be reviewed by a judge of the Supreme Court, who has the power to confirm, terminate, or vary an order.[30] The court can order that the hearing be held in private and order a publication ban of the details of the hearing.[31]

3.4 Protection orders

Compared to emergency protection orders, protection orders can be for a duration of longer than 90 days and can contain a broader range of provisions. However, applications for protection orders must be made to a judge of the Supreme Court, whereas emergency protection orders may be made to a justice of the peace or a judge of the Territorial Court. Getting a protection order may take longer, for example, up to several weeks.[32]

For a protection order to be granted, the court must be satisfied that family violence has occurred.

  • Protection order 
  • 7. (1) On an application that may be made ex parte, the court may make a protection order if satisfied on a balance of probabilities that family violence has occurred.[33]

The provisions that can be included in a protection order include those which can be included in an emergency protection order, as well as a requirement that the abusive person:

  • Compensate the person for losses suffered by them or their child due to the family violence, such as loss of earnings and medical expenses;
  • Attend counselling or other therapy sessions; and/or
  • Pay for a child to attend counselling or other therapy sessions.[34]

4. Regulated Health Professionals and Reporting

In the Northwest Territories, there is no single legislation covering all health professionals. Each health profession is regulated under their own Act. The duties to report a health professional who has potentially abused a patient will therefore depend on the provisions of the applicable legislation. This section outlines a few of the Acts governing health professionals. To find the duties which apply to a specific health profession, check the Act that governs that profession. Links to each Act are found in section 2 above.

4.1 Remedies

The college is responsible for regulating health professionals within their jurisdiction, including making sure members are fit for practice and are not committing any infractions. This process is limited to reviewing the regulated health professional’s actions. If a member has been found to be engaging in abuse, the college’s remedies are limited to restricting a regulated health professional’s practice.

A complaint usually will not result in any remedies for the person who has been abused. The specifics of what actions a college can take will depend on the Acts governing the practice area.

4.2 The Medical Profession Act

The Medical Profession Act[35] governs doctors in the Northwest Territories. It is administered by the Department of Health and Social Services, with the Medical Registration Committee, Complaints Officer, and Board of Inquiry all being appointed by the Minister of Health and Social Services.[36]

Any person can file a complaint with the Complaints Officer if a doctor engaged in unprofessional conduct.[37] When a complaint is received, the Complaints Officer will conduct an inquiry into the complaint.[38] The Complaints Officer can appoint an investigator.[39] They may also, with the parties’ agreement, attempt to resolve the complaint informally, or refer the matter to alternative dispute resolution.[40] If the matter is serious, the Complaints Officer will refer the matter to a public hearing before the Board of Inquiry.[41] The Complaints Officer also has the power to suspend the doctor’s licence until the conclusion of the hearing, if this is necessary to protect the health or safety of the public.[42]

If a panel of the Board of Inquiry finds that the doctor engaged in unprofessional conduct, several actions can be taken, including:

  • Issue a reprimand;
  • Place restrictions or conditions on a doctor’s license;
  • Require the doctor to undergo treatment or counselling;
  • Require the doctor to undergo further education or training;
  • Suspend a doctor’s license;
  • Cancel a doctor’s license; or
  • Issue a fine.[43]

4.3 The Nursing Profession Act

The Nursing Profession Act[44] governs nurses and nurse practitioners in the Northwest Territories and Nunavut. It designates the Registered Nurses Association of the Northwest Territories and Nunavut (RNANT/NU) as the relevant regulatory body.

Any person can file a complaint with the Executive Director of the RNANT/NU if a nurse engaged in unprofessional conduct. Unprofessional conduct includes verbal or physical abuse.[45] When a complaint is received, it will be forwarded to the Chairperson of the RNANT/NU, who will conduct an inquiry into the complaint.[46]

The Chairperson may:

  • Dismiss the complaint;
  • Refer the matter to alternative dispute resolution process (if the parties consent); or
  • Appoint an investigator to investigate the complaint.[47]

If the complaint is not dismissed or otherwise resolved, the Chairperson will refer the matter to the Board of Inquiry for a public hearing.[48] The Professional Conduct Committee has the power to suspend a nurse’s licence while the investigation or review is taking place, if this is necessary to protect the health or safety of the public.[49]

If the Board of Inquiry finds that the nurse engaged in unprofessional conduct, several actions can be taken, including:

  • Issue a reprimand;
  • Suspend a nurse’s registration;
  • Place restrictions or conditions on a nurse’s practice;
  • Require the nurse to undergo further education or training;
  • Require the nurse to undergo treatment or counselling;
  • Cancel a nurse’s registration; or
  • Issue a fine.[50]

4.4 Other reporting duties

Regulated health professionals may also have some duties to report abuse or misconduct arising from their professional codes of conduct. If you are a regulated health professional, examine your professional codes of conduct or practice standards to see if you have any responsibilities under these rules, or contact your college for advice.

5. Confidentiality, Privacy, and Privilege

Confidentiality ensures vital information is kept private for professions which require a client to disclose private information, such as counsellors, doctors, and nurses. A lawyer must respect solicitor-client privilege. Requirements of confidentiality and privilege can be found:

  • In legislation;
  • In common law; and
  • In professional codes of ethics, codes of conduct, or professional standards.

Generally, professionals, staff, and volunteers must get consent from the older adult before disclosing personal or health information. However, exceptions to confidentiality and privilege have been created by various laws.

5.1 Exceptions to confidentiality under privacy law

In the Northwest Territories, there are two pieces of legislation that outline privacy rights:

  • Access to Information and Protection of Privacy Act[51]—applies to public bodies, such as government departments and agencies.[52]
  • Health Information Act[53]—applies to personal health information used or collected by a health information custodian, which includes health care professionals, health care facilities, and public bodies.[54]

The federal Personal Information Protection and Electronic Documents Act also applies in the Northwest Territories. See the federal laws section for confidentiality exceptions under this Act, which applies to private organizations conducting commercial activities and to federally regulated organizations, such as banks.

The two acts govern the manner in which personal information may be collected, used, and disclosed. Under the acts, personal information must be kept confidential, and generally, disclosure is permitted only if it is for the purpose for which the personal information was collected, or a person consents to the disclosure. Only in prescribed circumstances can information be disclosed without consent.[55]

Under Access to Information and Protection of Privacy Act, the circumstances under which personal information can be disclosed without consent include:

  • When necessary to protect the mental or physical health or safety of any individual;[56]
  • When public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; [57]
  • When disclosure would clearly benefit the individual to whom the information relates;[58]
  • To assist with a police investigation;[59] or
  • As required by another law.[60]

Under the Health Information Act, the circumstances under which personal information can be disclosed without consent include:

  • To prevent or reduce an imminent or serious threat to the health or safety of an individual or public safety;[61]
  • For the delivery, planning, and monitoring of health care;[62]
  • To investigate and discipline a regulated health care professional;[63]
  • To assist with a police investigation;[64] or
  • As required or authorized by another law.[65]

5.2 Exceptions to confidentiality that apply to solicitor-client privilege

Confidentiality and legal privilege are two similar, but legally distinct concepts. Both are based on the principle that a lawyer owes a duty of loyalty to the client.

Solicitor-client privilege is a legal principle that applies to all communications between a client and a lawyer where the communication was for the purposes of obtaining legal advice and was intended to be confidential.[66] It operates to protect such information from having to be disclosed in legal proceedings.

However, solicitor-client privilege will not apply:

  • Where privilege has been waived by the client;
  • Where there is a clear, serious, and imminent threat to public safety;[67]
  • Where the innocence of an accused is at stake;[68] or
  • Where limited by law.

Other types of privilege include litigation privilege, which protects communications created for the dominant purpose of preparing for litigation.

A lawyer’s duty of confidentiality is an ethical duty. Unlike privilege, this duty covers any communications made during the professional relationship – there is no requirement that the communications be made for the purposes of obtaining legal advice.

The Law Society of the Northwest Territories sets out the duty of confidentiality and applicable exceptions in its Code of Professional Conduct.[69]

  • Confidential Information
  • 3.3-1 A lawyer at all times must hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship and must not divulge any such information unless:
    • (a) expressly or impliedly authorized by the client;
    • (b) required by law or a court to do so;
    • (c) required to deliver the information to the Law Society; or
    • (d) otherwise permitted by this rule.[70]

The Code of Professional Conduct also permits disclosure of confidential information where there is imminent danger of death or serious injury and disclosure is necessary to prevent this.

  • Future Harm / Public Safety Exception
  • 3.3-3 A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and disclosure is necessary to prevent the death or harm.[71]

6. Financial Abuse by Substitute Decision-Makers

This section outlines the protections and remedies available when an older adult is experiencing financial abuse by a substitute decision-maker. These protections and remedies are contained in substitute decision-making legislation.

6.1 Substitute decision-makers in the Northwest Territories

In the Northwest Territories, a substitute decision-maker for financial matters could be:

  • An attorney under a Power of Attorney (POA) document, chosen by the older person;
  • A guardian appointed by the court; or
  • A trustee appointed by the court.

6.2 Attorney under a POA

Appointing an attorney

A POA lets an adult choose a person, called an attorney, who can make legal and financial decisions on their behalf. An enduring power of attorney (EPOA) is a POA that continues to be effective even after the adult loses capacity.[72]

Unless stated otherwise in the EPOA document, an attorney can make any legal or financial decision on behalf of the adult that the adult could have lawfully made. This includes transferring property.[73]

For an EPOA to be valid, the person giving the EPOA must be mentally capable of understanding the nature and effect of the EPOA at the time of signing the EPOA. The EPOA is not valid if the person is incapable of understanding, for example, the approximate value of the property that will be subject to the EPOA, and the fact that, unless otherwise stated, the attorney will be able to do anything on the person’s behalf.[74]

Duties of an Attorney

An attorney has the duty to exercise the judgment and care that a person of “prudence, discretion, and intelligence” would exercise in conducting their own affairs. If the attorney is receiving compensation for acting as the attorney, they are held to a higher standard.[75] An EPOA may state that the attorney is required to provide an account of the adult’s estate upon demand to a particular person; otherwise, the attorney is required to provide accounts annually to the nearest relative of the adult.[76]

Ending a POA

An attorney’s powers can end in several ways:

  • The adult revokes the EPOA when still capable;
  • The court terminates the EPOA;
  • The court orders a trusteeship under the Guardianship and Trusteeship Act;[77]
  • The attorney resigns, dies, or becomes mentally incapable or bankrupt;
  • The adult becomes bankrupt (unless the EPOA states otherwise); or
  • The adult dies.[78]

Certain people can apply to the court to have the court make orders in respect of the EPOA. The court can:

  • Terminate the POA;
  • Remove or change who is the attorney;
  • Require the attorney to provide accounts;
  • Change the powers of the attorney; or
  • Make declarations on the adult’s capacity.

The following people can apply to the court:

  • The adult;
  • The attorney;
  • The Public Trustee;
  • The nearest relative of the adult;
  • A person entitled to receive an accounting under the EPOA; or
  • An interested person (with the leave of the court).[79]

6.3 Court-appointed trustee

Appointing a trustee

The court can appoint a trustee if:

  • An older adult needs a trustee because they are not able to understand the information needed to make decisions about their financial affairs or appreciate the consequences of making a decision, even with assistance;
  • Will substantially benefit from the trusteeship order; and
  • There are no less restrictive options available (such as an EPOA).

When appointing a trustee, the court must consider the relationship between the older adult and proposed trustee and the wishes of the older adult.[80] Any interested person can apply to the court to have a trustee appointed.[81]

Subject to any restrictions imposed by the court, the trustee has the power to do anything with the adult’s estate that the adult could have done if they were competent, including:

  • Selling, transferring, or leasing property;
  • Obtaining mortgages;
  • Investing money; or
  • Settling debts.

The trustee cannot make a will for the older adult.[82]

Duties of a trustee

A trustee has several duties under the Act:

  • Exercise their powers diligently, honestly, and in good faith for the benefit of the adult;
  • Exercise the degree of care, diligence, and skill that a person of ordinary prudence would exercise in the conduct of their affairs or (if the trustee is being compensated for acting as such) in managing the property of others;
  • Explain the trustee’s powers and duties to the adult;
  • Obtain an interpreter if the adult and the trustee do not speak the same language;
  • Encourage the adult to participate in the decision-making process;
  • Keep accounts of all transactions made;[83]
  • Within six months of their appointment and every two years afterwards, file an inventory of the adult’s property with the courts; and
  • Update the inventory with the court if any property is subsequently found.[84]

Removing a trustee

The adult or any interested person acting on behalf of the adult can apply to the court to have the trusteeship order reviewed by the court. The court can:

  • End the trusteeship;
  • Appoint a different person as the trustee; or
  • Change the conditions of the trusteeship order.[85]

Any interested person may also apply to the court to have the trustee file accounts or to remove a trustee. The court may remove a trustee if:

  • It is satisfied that the adult no longer requires a trustee; or
  • The trustee has acted improperly.

This includes when the trustee is abusing the older adult or misusing their powers as trustee.[86]

The Public Trustee

The court can appoint the Public Trustee to be an adult’s trustee if no other person is available or appropriate.[87] The Public Trustee can also act as an attorney under a POA or administer a person’s estate.[88] The court can order the Public Trustee to investigate or audit a trust.[89]

6.4 Court-appointed guardian

Appointing a guardian

The court can appoint a guardian if:

  • An older adult needs a guardian because they are not able to make decisions for personal or health care, even with assistance;
  • A guardianship order will substantially benefit the older adult; and
  • There are no less restrictive options available (such as an already appointed substitute decision-maker).

When appointing a guardian, the court must consider the relationship between the adult and proposed guardian and the wishes of the older adult.[90] Any interested person can apply to the court to have a guardian appointed.[91]

The court can appoint a temporary guardian if the adult is at risk of:

  • Physical abuse;
  • Psychological abuse;
  • Neglect; or
  • Forced confinement.

Temporary guardianship can be in effect for up to three months, but this can be extended by the court for an additional three months. A temporary guardian can be given the same powers as a permanent guardian.[92]

Powers of a guardian

The guardian only has the powers given to them by the court. The guardian may be given the power to make decisions about:

  • Living arrangements;
  • Social and recreational activities;
  • Employment;
  • Education;
  • Health care (with some exceptions);
  • Personal care;
  • Legal matters that do not involve the estate;
  • Normal day-to-day matters, such as diet and dress; and
  • Any other matters as the court considers necessary.[93]

Duties of a guardian

A guardian has several duties under the Act:

  • Exercise their powers diligently and in good faith;
  • Explain the guardian’s powers and duties to the adult;
  • Obtain an interpreter if the adult and guardian do not speak the same language;
  • Encourage the adult to participate in the decision-making process;
  • Encourage the adult to be independent;
  • Encourage relationships between the adult and supportive family and friends of the adult; and
  • Consult with the adult’s supportive family, friends, and caregivers from time to time.[94]

Guardians are required to make decisions based on the following principles:

  • Choose the least restrictive and intrusive option;
  • Try to ascertain whether the adult expressed any wishes or instructions when they were still capable; and
  • Make decisions in accordance with expressed wishes or instructions.[95]

If there are no known wishes or instructions or compliance is impossible, the guardian must act in the adult’s best interests.[96] When considering what would be in the adult’s best interests, the guardian should consider the adult’s values, beliefs, and current wishes.[97]

Removing a guardian

The adult or any interested person acting on behalf of the adult can apply to the court to have the guardianship order reviewed. The court can:

  • End the guardianship;
  • Change the guardian; or
  • Change the conditions of the guardianship order.[98]

Any interested person may also apply to the court to remove the guardian. The court may remove the guardian if it is satisfied that the adult no longer needs a guardian or that the guardian acted improperly. This includes when the guardian is abusing the older adult or abusing their powers as guardian.[99]

The court can appoint the Public Guardian to be an adult’s guardian if no other person is available or appropriate.[100]

7. Statutory Employment Leave for Family Violence

Adults who are experiencing family violence may have access to an employment leave. To qualify for family violence leave under the Employment Standards Act,[101] either the employee or the employee’s child must have experienced family violence. Family violence has the same definition as in the Protection Against Family Violence Act, found above in section 3. The leave must be for the purposes of:

  • Seeking medical care, victim services, or counselling;
  • Relocating; or
  • Seeking legal or police assistance.[102]

This leave gives employees up to 5 days of paid leave and up to 5 days of unpaid leave per year, which can be taken in increments of one or more. Employees can also take up to 15 weeks of additional leave per year, which can be taken in increments of one or more weeks.[103]

To qualify for the unpaid leave, the employee must have been working for their employer for at least one month. For the paid leave, the employee must have been working for at least three months.[104]

Employees must notify the employer that they are taking the leave as soon as possible. For the 15-week leave, the notice must be given in writing. The employer can ask for evidence of why the employee is taking the leave. The employer must keep information or documents confidential, unless they are required to disclose the information under the law or if another employee needs to know the information to conduct their employment duties.[105]

8. Key Contacts

Government Agencies

Victim Services

The Community Justice and Policing Division offers services to victims that can assist them in dealing with the emotional and physical consequences of crime, and the associated justice processes.

Find contact details for the Victims Services program serving your community at www.justice.gov.nt.ca/en/victim-services-contacts/. If there is no local Victim Services program in your community, contact the Community Justice and Policing Division for a referral:

4903 49th St
PO Box 1320
Yellowknife NT X1A 2L9

Victims of Crime Emergency Fund

The Victims of Crime Emergency Fund is designed to provide limited financial assistance to victims of serious violent crimes with their emergency needs, including but not limited to certain transportation costs, emergency child and/or dependent care, emergency accommodation and meals, short-term immediate counselling, and emergency medical expenses.

4903 49th St
PO Box 1320
Yellowknife NT X1A 2L9

Department of Health and Social Services (NWT Help Line)

The Department of Health and Social Services operates a help line that provides free support 24 hours a day, 7 days a week. Calls are confidential and responders are trained to help with concerns, such as abuse, sexual assault, depression, and anxiety. 

Legal Aid Commission

Legal Aid provides confidential legal services, advice, and representation for individuals in the Northwest Territories who are unable to afford a lawyer.

Outreach Legal Aid Clinic

The Outreach Clinic provides up to 3 hours of free and confidential legal information and advice to all individuals. This program assists individuals with issues such as elder abuse and wills or estate advice.

Community Organizations

Alison McAteer House (NWT Help Line)

The Alison McAteer House is a family violence shelter in Yellowknife. It is a secure and anonymous place for women to receive support while they are fleeing violence. It operates a confidential help line that is available 24 hours a day, 7 days a week, and can assist with obtaining emergency protection orders.

Sutherland House

Sutherland House is a family violence shelter in Fort Smith. It provides safety and support to women and their child experiencing violence. It also operates a 24-hour crisis line, 7 days a week.

Seniors’ Information Line (Northwest Territories Seniors’ Society)

The NWT Seniors’ Society operates a confidential Seniors’ Information Line that informs seniors about programs and services which can be of assistance to them.

NWT Seniors’ Society
102, 4916 46th Street
Yellowknife, NT X1A 1L2

NWT Network to Prevent Abuse of Older Adults

The NWT Network to Prevent Abuse of Older Adults is a non-profit organization of older adults who advocate for older adult abuse awareness and prevention. It runs workshops on creating safe communities, and has information and resources regarding elder abuse on its website.

Endnotes

[1] SNWT 2003, c 24.

[2] NWT Reg 013-2005.

[3] RSNWT 1988, c D-3.

[4] RSNWT 1988, c D-2.

[5] RSNWT 1988, c 33 (supp).

[6] RSNWT 1988, c C-2.

[7] SNWT 2010, c 6.

[8] SNWT 2003, c 21.

[9] SNWT 2003, c 15.

[10] RSNWT 1988, c O-2.

[11] RSNWT 1988, c O-3.

[12] SNWT 2006, c 24.

[13] RSNWT 1988, c P-11.

[14] SNWT 2010, c 22.

[15] SNWT 2001, c 15.

[16] SNWT 1994, c 29.

[17] RSNWT 1988, c P-19.

[18] SNWT 1994, c 20.

[19] SNWT 2014, c 2.

[20] SNWT 2007, c 13.

[21] NWT Reg 020-2008.

[22] PAFVA, supra note 1.

[23] Ibid, s 1(2).

[24] Ibid, s 2(1).

[25] Ibid, s 2; PAFV Regulation, supra note 2.

[26] PAFVA, ibid, ss 4, 12.

[27] PAFV Regulation, supra note 2,s 4.

[28] PAFVA, supra note 1, s 4(1), (2).

[29] Ibid, s 4(3).

[30] Ibid, ss 5, 6.

[31] Ibid, s 3.

[32] Northwest Territories, Department of Justice, “Protection orders”, online: <www.justice.gov.nt.ca/en/protection-orders/>.

[33] PAFVA, supra note 1, s 7(1).

[34] Ibid, s 7(2).

[35] MPA, supra note 7.

[36] Ibid, ss 2, 44, 64.

[37] Ibid, s 45.

[38] Ibid, s 48.

[39] Ibid, s 59-60.

[40] Ibid, ss 48, 53.

[41] Ibid, ss 63, 66, 68.

[42] Ibid, s 50.

[43] Ibid, s73.

[44] NPA, supra note 9.

[45] Ibid, ss 32, 34.

[46] Ibid, ss 34-35.

[47] Ibid, ss 38-39.

[48] Ibid, ss 41-43.

[49] Ibid, s 36.

[50] Ibid, ss 36, 37, 40, 47-48.

[51] AIPPA, supra note 18.

[52] Ibid, ss 2-3.

[53] HIA, supra note 19.

[54] Ibid, ss 1, 4.

[55] AIPPA, supra note 18, ss 43, 48; HIA, ibid, ss 34, 35.

[56] AIPPA, ibid, s 48(q).

[57] Ibid, s 48(s).

[58] Ibid.

[59] Ibid, s 48(e).

[60] Ibid, s 48(p), (u).

[61] Ibid, s 58.

[62] HIA, ss 43-44, 48.

[63] Ibid, s 49.

[64] Ibid, s 57.

[65] Ibid, s 38.

[66] Descôteaux v Mierzwinski, [1982] 1 SCR 860 at 870–876, 141 DLR (3d) 590 [Descôteaux cited to SCR].

[67] Smith v Jones, [1999] 1 SCR 455 at para 35, 169 DLR (4th) 385, [Smith cited to SCR]

[68] R. v. McClure, [2001] S.C.R. 445, [McClure cited to SCR]

[69] Law Society of the Northwest Territories, Code of Professional Conduct, Yellowknife, Law Society of the Northwest Territories, 10 April 2019, online: <lawsociety.nt.ca/lawyers/regulations/act-rules-policies>.

[70] Ibid, ch 3 (3.3-1).

[71] Ibid, ch 3 (3.3-3).

[72] POAA, supra note 15, s 11.

[73] Ibid, s 14.

[74] Ibid, s 13(3).

[75] Ibid, s 20.

[76] Ibid, s 23.

[77] GTA, supra note 16.

[78] POAA, supra note 15, s 16.

[79] Ibid, s 26.

[80] GTA, supra note 16, s 31, 32.

[81] Ibid, s 27.

[82] Ibid, ss 35-36, 41.

[83] Ibid, s 43.

[84] Ibid, s 44.

[85] Ibid, s 45.

[86] Ibid, ss 44, 48.

[87] Ibid, s 42; PTA, supra note 17,s 3.

[88] PTA, ibid, s 3.

[89] Ibid, s 33.

[90] GTA, supra note 16, s 7, 8.

[91] Ibid, s 2.

[92] Ibid, s 10.

[93] Ibid, s 11, 20.

[94] Ibid, s 12.

[95]Ibid, ss 12(6)(a) b), 12(12).

[96] Ibid, s 12(6)(d).

[97] Ibid, s 12(7).

[98] Ibid, ss 13, 14.

[99] Ibid, ss 18, 19.

[100] Ibid, ss 8, 25-26.

[101] ESA, supra note 20.

[102] Ibid, s 30.2(1), (2).

[103] Ibid, s 30.2(4), (7), (8).

[104] Employment Standards Regulations, supra note 21, s 12.1.

[105] ESA, supra note 20, s 30.2.

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