Law360 Canada (July 23, 2026, 2:58 PM EDT) -- The Northwest Territories has new legislation to better support victims of family violence, including laws that formally recognize stalking, give people greater ability to protect themselves and allow victims to sue perpetrators.

According to a July 22 news release, amendments to the region’s Protection Against Family Violence Act (PAFVA) are now in force — thus “strengthening protections for people experiencing family violence and improving access to support across the Northwest Territories.”

“The [PAFVA] provides legal tools to help protect people from family violence and reduce the risk of further harm,” states the release. “The amendments update the Act to better reflect the experiences of victims and strengthen available protections.”

One key change is that it gives the act of stalking a “clear legal definition” and recognizes it “as a form of family violence.”

According to an information page, stalking is “when someone repeatedly behaves in a way that makes another person feel afraid for their safety.”

Examples include:

• Following someone;
• Repeated, unwanted communication;
• The use of electronic tracking or surveillance;
• Watching or closely monitoring someone;
• Online harassment;
• Threatening behaviour.

“The changes to the Act recognize that stalking is a serious type of family violence that can significantly affect a person’s safety and wellbeing,” states the document.

In that same vein, the amendments create a new civil tort for stalking, which allows victims to bring a claim in court against someone who stalks them in relationships covered under the PAFVA.

“A tort is a legal process that lets a person who has been harmed to ask the court for compensation from the person who caused the harm,” states the information page, which notes this “is different from a criminal case, which is investigated by police and dealt with through the criminal justice system.”

The amendments also expand access for those at “immediate risk” to an Emergency Protection Order (EPO) — a court order with the power to make someone stop contacting or communicating with someone else and keep away from someone’s home, workplace or “other places,” make someone leave the family home, and prevent someone from having weapons.

It also leaves open the inclusion of “other conditions needed” for safety.

It is noted the parameters of an EPO will depend on the situation.

As well, the PAFVA now applies to more types of relationships, including “intimate personal relationships,” various family relationships and “care” relationships where one person depends on another due to a disability, illness or aging.

A “deemed fear” provision has also been added to protect children and other “vulnerable people” who may be unable to express their fears or concerns.

Everyone deserves to feel safe at home and in the community, said N.W.T. Minister of Justice Jay Macdonald.

“These changes to the [PAFVA] will provide stronger protections for victims of family violence by expanding access to Emergency Protection Orders, recognizing the serious and harmful impacts of stalking, and creating additional options for victims to seek protection and justice,” said Macdonald in a statement. “Together, these measures help to ensure safe communities for Northerners, by improving safety, supporting victims and strengthening the response to family violence across the Northwest Territories.”

The PAFVA has been in place since 2005, notes the news release.

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