Saskatchewan Federation of Police Officers 105 FAMILY VIOLENCE LAWS (continued) Offences related to some forms of psychological or emotional abuse within the family that involve using words or actions to control, isolate, intimidate or dehumanize someone such as: • criminal harassment (sometimes called "stalking") (s. 264) • uttering threats (s. 264.1) • making indecent and harassing phone calls (s. 372) • trespassing at night (s. 177) • mischief (s. 430) Offences related to neglect within the family such as: • failure to provide necessaries of life (s. 215 ) • abandoning child (ss. 218) • criminal negligence (including negligence causing bodily harm and death) (ss. 219-221) Offences related to financial abuse within the family such as: • theft (ss. 322, 328-330, 334) • theft by person holding power of attorney (s. 331) • misappropriation of money held under direction (s. 332) • theft of, forgery of credit card (s. 342) • extortion (s. 346) • forgery (s. 366) • fraud (s.380(1)) The Criminal Code also contains a number of special provisions that serve to protect victims. When charges relating to family violence have been laid, criminal courts have a wide range of powers to release or detain an accused person. They can provide for release conditions such as "no contact" until the trial or appeal (Section 515). Even where no offence has been committed yet, where personal injury or damage is feared, courts can also order peace bonds or recognizances, which require an individual to agree to specific conditions to keep the peace (Section 810). Special consideration is given to the harm that comes from family violence. Because of the nature of the harm, sentencing provisions of the Criminal Code (Section 718.2) make it an "aggravating factor" for sentencing purposes when the offence involves abuse of a spouse or common law partner, abuse of a person under the age of 18 or abuse of a position of trust or authority. Section 742.1 puts limits on the use of conditional sentences that would allow an offender to serve a sentence in the community. Provincial/Territorial family violence legislation Provincial and territorial governments make laws in areas of their own jurisdiction. To date, six provinces (Alberta, Manitoba, Nova Scotia, Prince Edward Island, Newfoundland and Labrador and Saskatchewan) and three territories (Northwest Territories, Yukon and Nunavut) have proclaimed specific legislation on family violence: Image by Freepik
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