N.B. proposes ending limitation periods for intimate partner‑violence claims

The government has introduced legislation aimed at improving access to the civil justice system for survivors of intimate partner violence.

In a press release Wednesday, the Department of Justice and Public Safety said the government is proposing amendments to remove limitation periods for non‑sexual harm in intimate relationships. The changes would also apply when the survivor was financially, physically, or emotionally dependent on the person who harmed them.

According to the release this will signify an expansion of claims survivors of domestic violence can file without a limitation period, which includes claims for damages, for trespass to the person, and assault or battery for acts of a sexual nature.

“These relationships can involve fear, control, and power imbalances that make it extremely difficult for survivors to come forward within the standard limitation periods,” said Justice Minister and Attorney General Robert McKee in the release. “This legislation recognizes those realities.”

If passed, the bill would also remove limitation periods to file claims for recent or historic misconduct.

This means that people who have experienced sexual assault, intimate partner violence or similar ham in a relationship of dependance would be able to file claims regardless of when the misconduct took place, unless the claim had already been settle or it had been decided by the courts.

Additionally, the changes would align New Brunswick’s laws on these matters more closely with those in other Canadian jurisdictions.