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Domestic Violence Court Act


(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Domestic Violence Court Act

H. David Wilson
Glace Bay

First Reading: November 26, 2007

Second Reading:

Third Reading:

An Act Respecting
a Domestic Violence Court Program
in the Provincial Court of Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Domestic Violence Court Act.

2 In this Act,

(a) "Court" means the program established within the Provincial Court pursuant to Section 3;

(b) "Provincial Court" means the Provincial Court of Nova Scotia.

3 (1) Subject to Section 7, within one year of the coming into force of this Act, the Government shall establish a program within the Provincial Court to be known as the Domestic Violence Court.

(2) The Court shall use the best practices of similar programs in effect in Canada to facilitate the prosecution of domestic assault cases and early intervention in abusive domestic situations, to provide increased support to victims and increase the accountability of offenders.

4 In establishing the Domestic Violence Court, the Government shall implement

(a) improved links between family and criminal courts;

(b) the monitoring of court-ordered offender interventions and sentencing conditions;

(c) a risk-assessment tool;

(d) specialized investigations by the police to obtain evidence;

(e) prosecution of repeat offenders by specialized members of the public prosecution service; and

(f) increased support services for victims.

5 Subject to Section 7, the Government shall ensure that the Domestic Violence Court is staffed by permanent, dedicated judges, crown attorneys, duty counsel and social workers, and such psychiatrists, clerks and administrative assistants as are required.

6 (1) The Governor in Council may make regulations

(a) respecting the operation of the Court;

(b) respecting hearings or procedures in the Court;

(c) respecting eligibility requirements for cases to be directed to the Court;

(d) defining any word or expression used but not defined in this Act;

(e) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

7 The moneys required for the purpose of this Act shall be paid out of moneys appropriated by the Legislature for that purpose.


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