An Ontario law to identify domestic abusers seems like common sense. It’s not as simple as it sounds

She didn't know the man she had been dating had a long history of abusing women.

But police did.

Clare Wood was later murdered by that man. And in 2014 - five years after her death - the British government implemented Clare's Law, giving people the right to confidentially receive information about a partner's past charges or criminal convictions, while also allowing police to voluntarily divulge that information to those in potentially dangerous situations.

It's an approach the Ontario government is now taking a first step to introduce, following the lead of other provinces including Saskatchewan, the first in Canada, and Alberta - although critics wonder what has taken so long.

Enough is enough," said Etobicoke-Lakeshore MPP Christine Hogarth, the parliamentary assistant to Ontario's solicitor general, who has introduced a Clare's Law motion. I read too much of it in the paper, we see it on TV all the time. We need to do more to help women and also give them the tools they need and the knowledge to make an informed decision."

The motion is going to start the process to create a piece of legislation that will give women or men the opportunity to find out if their partner has a violent background," she said, adding there will be consultations with agencies and others working with survivors of abuse.

I want them to tell us what we should see in this potential legislation. It's tricky, so let's get it right for Ontarians."

The move has left some questioning why the government hasn't acted sooner, given the rise in intimate partner violence during the COVID-19 pandemic. Last summer, among the 86 recommendations of an inquest into the deaths of three women in Renfrew County, all former partners of the same man, was to establish a Clare's Law here - something domestic violence death review committees have also urged.

But there have been privacy concerns with the law, as well as worries it puts the onus on victims and could lead to potential legal consequences if they receive troubling information but then don't leave the relationship.

New Democrat MPP Jennie Stevens (St. Catharines) proposed a Clare's Law in a private member's bill in April 2021.

The intent of it was an intimate partner violence disclosure act that would allow people at risk ... or a third party with intimate knowledge to obtain information on a partner's history of violence," she said. But it was voted down on second reading."

She said the government indicated it was looking into it and felt there could be more dialogue. But at the end of the day, the next steps should have been taken back in 2021.

When I put it forward as a private member's bill, at the time it was much needed" given how isolated vulnerable women were during the pandemic.

Her bill would have allowed community organizations to get the information on behalf of clients if someone felt uncomfortable going to police.

Hogarth's motion is not specific and not binding, she noted.

Still, it is seen as a way to provide someone in a vulnerable situation critical information.

The solution is not one-size-fits-all, but this will be yet another tool or instrument that can be used to prevent another woman from becoming a survivor of gender-based violence," said Carla Neto, executive director of Women's Habitat in Etobicoke, which provides resources, programming and shelter to women and children fleeing violence.

Is it going to end violence against women? No. But it's another avenue that women can use and potential victims can use because we know that those who harm do go from family to family."

Melissa Corbeil left her husband following years of assaults, including one incident in which he choked her to the point of seeing stars," while her young daughters watched.

She's unsure if a Clare's Law would have helped her, but said it would be good for anybody to have the opportunity to be able to know the background of somebody, if there's any question, and at least they're getting accurate information. I definitely feel that would be a benefit."

Clare's Law, which has been put in place in a handful of jurisdictions around the world, typically entails a right to know" by allowing someone to request details about their partner as well as giving police the right to tell" someone they believe is vulnerable.

The information is shared confidentially and usually not in writing.

Hogarth said the government had previously discussed it, but because of privacy concerns we need to do some more homework and look at best practices from other jurisdictions or other provinces to get it done right for Ontario."

Her motion will be debated in September.

She, along with Associate Minister of Women's Social and Economic Opportunity Charmaine Williams, met last week with Women's Habitat and said consultations with those who work with survivors will be key.

Another bill addressing intimate partner violence is currently before the legislature, from MPP John Yakabuski (Renfrew-Nipissing-Pembroke), and would allow a parole board to impose electronic monitoring on sexual offenders and domestic abusers to help protect survivors.

In Saskatchewan, the Interpersonal Violence Disclosure Protocol (Clare's Law) Act was a first in Canada, allowing someone to request information about a person's history of domestic violence, which a panel reviews before issuing a recommendation.

Initially, the RCMP refused to take part, citing privacy issues, but those concerns were addressed and they are now on board, said Regina police Staff Sgt. Chris Jackiw.

Jackiw, who chairs the committee that handles requests for information, said the protocol began in June 2020 and has received about 20 to 25 requests per year.

The committee will provide a risk assessment - of high, medium or low - along with generalized information" about a criminal background or what proclivity that person might have to violence if there was something in their history" that they recommend be provided to the applicant, he said.

The applicant is not given anything in writing and must sign a waiver that this information is to help your safety plan, and to ensure that you can make an informed decision on whether or not you want to proceed with the relationship with this person or to communicate with them," he added.

In Alberta, the Disclosure to Protect Against Domestic Violence (Clare's Law) Act has been more widely used as the application process is online.

Manitoba and Newfoundland and Labrador also have versions of Clare's Law on the books.

For Pamela Cross, a lawyer and expert on violence against women who is the advocacy director at Luke's Place, there are things about such legislation that appear appealing, but we're not talking enough about some of the potential problems."

First is whether women will use it, given we know that maybe a little bit less than a third of women report domestic violence to the police."

And if they receive troubling information, what options are available to that woman? ... Even if she's uneasy because of what she learns, is she really in a position to leave the relationship? I think a lot of the potential effectiveness of the legislation depends on exactly how it's worded."

She said it would have to include a measure that the information cannot be used in a legal or other context - worried it could be used against women in child protection cases if they didn't immediately leave after learning of a partner's violent past.

The government would also need to provide funding for police education and training, as well as to advertise that this is an option for anyone in a vulnerable situation, she added.

(Jackiw said in Saskatchewan, the committee would not disclose that information was provided - such as in a child custody battle - because that's not what the intention of this protocol is.")

Peter Jaffe, former director of the Centre for Research & Education on Violence Against Women & Children at Western University, believes Clare's Law makes a lot of sense in principle, as another potential tool to prevent domestic homicides or ongoing domestic violence ... there are many repeat offenders, and many abusers go from one victim to another."

However, he added, there is not enough research to indicate how effective it is.

Jan Reimer, executive director of the Alberta Council of Women's Shelters, said there is an ongoing evaluation of the system there, and that being able to file online has made the process more comfortable for women - but they themselves are also subject to a criminal record check, which may be a deterrent.

However, she added, the burden is always on the women to find out information ... and if there's a way to put more on the accountability of the perpetrator, as opposed to the accountability of the woman to find out, to keep herself safe and keep her from being killed, I think that would be preferable. In my view, the onus is always on the woman."

Kristin Rushowy is a Toronto-based reporter covering Ontario politics for the Star. Follow her on Twitter: @krushowy