Triggering Change in Child Protection Law: A Case Study of Firearms and Domestic Violence in Nova Scotia, Manitoba, and Ontario

Abstract

The intertwining complexities of child protection, domestic violence, and firearms pose profound challenges for families and the legal system. This paper examines their interplay, focusing on how these issues can subject children to harm, with a specific focus on case law and relevant legislation from Nova Scotia, Manitoba, and Ontario. These three provinces have been selected due to: i) the locality and inherent relevance of Nova Scotia’s jurisdiction given the location of the Schulich School of Law, ii) the high number of reported court decisions in Ontario, and the unique protections created through amending the Child, Youth, and Family Services Act, and iii) the relevance of Manitoba in this analysis as it has seen a stark increase (+103%) in firearm-related crimes over the last few years. While legislative reforms address the recognition of domestic violence, additional measures are necessary to mitigate the potential harm posed by firearms in abusive environments, which will ultimately safeguard the welfare of children