CRILF publishes new reports on “Children’s Participation in Justice Processes” and “Perceptions of Polyamory”

The Canadian Research Institute for Law and the Family (CRILF) has published two new reports.

The first report is the Record of Proceedings of Children’s Participation in Justice Processes: Finding the Best Ways Forward. This report is based on findings from a two-day national symposium, held in Calgary in September 2017, that brought together a multidisciplinary spectrum of leading stakeholders to share information and dialogue about how the voices of children and youth are heard, how their interests are protected and how their evidence is received in justice processes. The record contains the Program Guide, the PowerPoint slides presented at the conference, workshop scribes’ notes and presenters’ summaries of outcome, and a digest of the key themes and recommendations emerging from the workshops.

The Record of Proceedings can be downloaded on the CRILF website here.

The second report is Perceptions of Polyamory in Canada. This is the second of two reports published by the Institute on polyamory and polyamorous relationships. The earlier paper focused on the intersections between polyamorous relationships and family law in Canada’s common law jurisdictions. The new report takes a deeper dive into the data collected in the CRILF survey to look at the demographic characteristics of polyamorists, the composition of their families, their attitudes toward their relationships and their perceptions of how Canadians view polyamory and polyamorous relationships. The purpose of the study was to obtain a better understanding of the prevalence and nature of polyamorous relationships to inform the development of family justice policy and legislation. Recommendations are made with respect to law reform, public and professional education, and future research. This interesting and innovative research on the views and attitudes of Canadian polyamorists is the first of its kind.

Perceptions of Polyamory in Canada can be downloaded on the CRILF website here.

 

The details in this post were taken from information circulated by CRILF.

Two New Publications from the Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family (CRILF) recently published two new papers:

The Development of Parenting Coordination and an Examination of Policies and Practices in Ontario, British Columbia and Alberta was prepared by Dr. Lorne Bertrand and John-Paul Boyd and reviews the development of parenting coordination in the United States and its adoption in Canada. This paper also explores the findings of the research available to date on parenting coordination, its efficacy in resolving parenting disputes, its efficacy in steering such disputes out of court and its impact on parental conflict. The Development of Parenting Coordination and an Examination of Policies and Practices in Ontario, British Columbia and Alberta discusses the practice of parenting coordination in Alberta, British Columbia and Ontario, compares processes and training standards in those provinces, and makes recommendations for the practice of parenting coordination in Alberta, and in Canada generally.

Children’s Participation in Justice Processes: Finding the Best Ways Forward, Results from the Survey of Symposium Participants was prepared by Joanne Paetsch, Dr. Lorne Bertrand and John-Paul Boyd and is the first written output from the “Children’s Participation in Justice Processes: Finding the Best Ways Forward” two-day symposium presented by the CRILF and the Alberta Office of the Child and Youth Advocate. The symposium offered a unique opportunity to survey an informed and involved pool of participants regarding their perceptions and experiences with children’s participation in justice processes. This report presents the final results of this survey of symposium participants, and includes recommendations for moving forward.

Both publications are available on the CRILF website here:  http://www.crilf.ca/publications.htm

 

The details in this post were taken from information circulated by the CRILF.

Toolkit on Co-Parenting after Divorce or Separation now Available from CBA

The Canadian Bar Association (CBA) Family Law Section in conjunction with the Canadian Research Institute for Law and the Family (CRILF) have announced that the Successfully Parenting Apart: A Toolkit is now available.

About the new Successfully Parenting Apart toolkit, the CBA explains that it:

  • organizes and consolidates online and print resources offering guidance, information, referrals and resources for resolving parenting challenges post-separation in ways most effective for children.
  • is intended to increase family lawyers’ awareness of the best available information to better assist parents in transforming their relationship from being a couple to being successful co-parents.

To learn more about the toolkit or to download a copy of the Successfully Parenting Apart toolkit, visit the CBA website here.

BC Provincial Court Creates Support Persons Guidelines Poster and Flyer

The Provincial Court of British Columbia has created several resources aimed at informing self-represented litigants about the possibility to be accompanied by a support person for family and small claims trials.

Information about these newly available flyers and posters as well as downloadable copies can be accessed on the Provincial Court of BC website here. The Provincial Court encourages you to share the Support Person Guidelines poster and other resources.

Upcoming A2J-Related Events

SELF-REPRESENTED LITIGANTS (SRL) AWARENESS DAY: (October 4th 2017) at Windsor Law, Osgoode Hall Law School, the University of Ottawa Law School, Queens Law School, and Western Law

  • SRL Awareness Day aims to increase awareness among law students of the self-represented litigant experience. Windsor Law, Osgoode Hall Law School, the University of Ottawa Law School, Queens Law School, and Western Law will host invited SRL guests in classes and during a midday panel.

For more information about SRL Awareness Day, visit the National Self-Represented Litigants Project (NSRLP) website here. Join the conversation taking place on social media for Self-Represented Litigants Awareness Day with #SRLawareness and #SRLawarenessday.


LEGAL INNOVATION ZONE: YOUTH ACCESS TO JUSTICE INITIATIVE at Ryerson University

  • Session 2A (youth only): October 4 at Ryerson University
    This event will focus on access to justice within the community and how to address access to justice issues.
  • Session 2B: October 25 at Ryerson University
    This event is open to all ages. Discussions will center on community access to justice issues and how those in the community can get help for their issues.
  • Session 3: October 30 at Ryerson University
    This session will explore where justice system users go for legal help and how existing resources can be made to work better.
  • Session 4 (Design Thinking): November 4 at Ryerson University
    Using themes explored in earlier sessions, this session will lead participants through the Design Thinking process to create prototypes for youth justice initiatives.

For more information on the Legal Innovation Zone Youth Access to Justice Initiative, visit their website here.


SASKATCHEWAN ACCESS TO JUSTICE WEEK (October 16 to 21) at the University of Saskatchewan, College of Law

  • This is the 2nd annual Saskatchewan Access to Justice week. This event seeks to engage individuals and stakeholders in access to justice discussions and to bring to the forefront various initiatives that are contributing to improvements in A2J for Saskatchewan residents.

For more information on Saskatchewan Access to Justice Week, visit their website here. Follow the week’s events and conversations on social media using #SKA2J.


ONTARIO ACCESS TO JUSTICE WEEK (October 23 to 27)

This is Ontario’s second annual Access to Justice Week. This year’s Access to Justice Week will include the following events:

  • Access to Justice Innovation (October 23) at the Law Society of Upper Canada
    This event will highlight innovative, community driven work taking place in the justice sector. The keynote presentation will be delivered by Justice Thomas A. Cromwell.
  • Improving Health, Improving Service (October 23) at the Law Society of Upper Canada
    This event will focus on mental health and other health risks that lawyers face.
  • The Millennial Influence (October 24) at the University of Ottawa
    This event will include discussions on the ways that millenials are influencing thinking on A2J and legal technology.
  • Paralegals and Access to Justice (October 25) at the Law Society of Upper Canada
    This session will centre on the contributions that paralegals are making to improving A2J.
  • Include. Inform. Inspire. (October 26) at the Law Society of Upper Canada
    This will be a public legal education and information forum.

For more information on Ontario’s Access to Justice Week, visit The Action Group on Access to Justice website here. Follow the week’s events and conversations on social media using #A2J2017.


2017 IT.CAN 21st  ANNUAL CONFERENCE (October 23 to 24) at 150 King Street West, Toronto

  • This 2-day conference will offer legal professionals and others an opportunity to network and learn about developments in technology law in Canada and abroad.

For more information about the IT.CAN Conference, visit the program page here.


ABA 2017 NATIONAL AGING AND LAW CONFERENCE (October 26 to 27) Silver Spring, Maryland

  • This 2-day conference will include an array of workshops on legal and policy issues, legal service delivery and recent developments related to elder rights, aging and law.

For additional information on the American Bar Association’s (ABA) 2017 National Aging and Law conference visit their website here.


2017 FAMILY DISPUTE RESOLUTION INSTITUTE OF ONTARIO (FDRIO) AND FAMILY MEDIATION CANADA (FMC) CONFERENCE (November 20 to 21) in Toronto, Ontario

The 2-day 2017 FDRIO-FMC Conference will include panels and workshops on a range of topics including:

  • How to Fix the Family Court Crisis
  • Getting Past Impasse
  • Distance Mediation and Technology
  • Effective Advocacy in Mediation
  • Elder Mediation
  • Parenting Coordination Challenges
  • Grandparent Access Mediation
  • Domestic Violence and Power Imbalance
  • Income Determination for Support Purposes
  • Ethical Issues in Mediation/Arbitration

For more information or to register for the FDRIO-FMC conference, visit the Family Dispute Resolution Institute of Ontario website here.  Follow the conversation on social media with #FDRevolution.


SELF-REPRESENTED LITIGATION NETWORK (SRLN) 2018 CONFERENCE (February 22 to 23, 2018), San Francisco, California

  • The 2nd annual Self-Represented Litigation Network Conference will bring together a diverse group of players and users in the justice system to explore and create new tools for providing access to justice. Proposals for this conference will be accepted up to September 29.

For more information about Designing & Engaging the 100% Access to Civil Justice Ecosystem, the 2-day SRLN conference, visit their website here.

The Practice of Family Law in Canada: Results from a Survey of Participants at the 2016 National Family Law Program

The Canadian Research Institute for Law and the Family (CRILF) has published a new research paper based on findings from a survey of more than 200 lawyers and judges who attended the 2016 National Family Law Program. The National Family Law Program is a high-profile, 4-day biennial conference organized by the Federation of Law Societies of Canada, that addresses current issues in the practice of family law in Canada. Topics addressed in the study include participants’ views of and experiences with: court-attached family justice programs; hearing the views of children; issues in custody and access disputes; issues in disputes about child support and spousal support; family violence; unified family courts; and, limited scope legal services in family law disputes.

The research paper was written by Lorne Bertrand, Jo Paetsch, John-Paul Boyd and Nick Bala and the study was funded by the Department of Justice and the Alberta Law Foundation.

The English version of the paper is available on the CRILF website here; the French version is available on the CRILF website here.

Polyamorous Relationships and Family Law in Canada

As our collective understanding of what constitutes “family” continues to change and evolve, the legislation governing the formation and dissolution of family relationships may appear to be lingering behind. In a new paper prepared for the Canadian Research Institute for Law and the Family (CRILF), John-Paul E. Boyd explores both the legal components and general public perceptions surrounding polyamorous relationships in Canada. Boyd begins the paper by citing the preliminary findings from the CRILF’s 2016 study on Canadian perceptions of polyamory. After breaking down the data, Boyd moves on to discuss the legal dimensions of polyamorous relationships in the context of the various provincial family law schemes.

Finally, Boyd concludes the paper by posing some questions for members of the family bar to consider when thinking about polyamorous relationships and how they may affect a range of issues, such as:

  • a) Immigration: Can a married spouse sponsor someone coming into Canada to join his or her relationship?
    b) Public employment benefits: Can CPP benefits and employee health benefits be shared with more than 1 other person?
  • c) Wills and estates: To what extent does legislation accommodate concurrent surviving spouses? To what extent can children born from a ménage inherit from non-biological parents who die intestate?
  • d) Adoption and assisted reproduction: How many adults can be legal parents of a child?
  • e) Vital statistics: Can vital statistics agencies be compelled to register more adults as the parents of a child than the biological or adoptive parents of child?; and
  • f) Education and health care: To what extent can education and health care providers be compelled to take instructions from the members of a ménage other than child’s biological parents?

For a more fulsome discussion of the legal dimensions of polyamorous relationships and to see the preliminary results of the 2016 survey, take a look at the report.

Parenting Assessments and Their Use in Family Law Disputes in Alberta, British Columbia and Ontario

“Parenting Assessments and Their Use in Family Law Disputes in Alberta, British Columbia and Ontario” is a recently published paper based on reviews of practice and procedure in Alberta, British Columbia and Ontario, and examines:

  • the extent to which these assessments are used and relied upon in courtroom decision-making;
  • and, whether there is a relationship between the cost of private assessments and the frequency of their use in these jurisdictions.

The report concludes with recommendations for further research to explore: the qualitative difference between assessments conducted by psychologists and psychiatrists compared to social workers and their impact on the settlement of family law disputes; the utility and feasibility of establishing standard guidelines or best practices for parenting assessments; and, options for shielding assessors from the damaging impact of unmeritorious complaints.

“Parenting Assessments and Their Use in Family Law Disputes in Alberta, British Columbia and Ontario” was prepared by the the Canadian Research Institute for Law and the Family (CRILF) under the leadership of Zoe Suche, LL.B. and John-Paul E. Boyd, M.A., LL. B. The paper is available on the CRILF website.

The details in this post were taken from information circulated by CRILF.

Analysis of Data from the Federal Justice Divorce File Review Study: Report on Findings for Alberta, 2011

This latest report from the Canadian Research Institute for Law and the Family (CRILF) looks at data collected from the Calgary registry of the Alberta Court of Queen’s Bench by the federal Department of Justice in 2011. The Report is authored by Sibyl Kleiner, Lorne Bertrand, Joanne Paetsch and John-Paul E. Boyd.

Highlights from the Report include:
  • Two-thirds of divorce claims were initiated by women, and three-quarters of plaintiffs were either represented by or had the assistance of a lawyer at some point in the case. Just under one-half of defendants had legal representation at some point in the case.
  • Almost 15% of the court files reviewed included a reference to family violence somewhere in the file.
  • Mental or physical cruelty was given as a reason for marriage breakdown in only 2.7% of files. Separation for not less than one year was given as a reason for marriage breakdown in 98.6% of cases.
  • On average, spouses had been separated for approximately 2.5 years before the start of proceedings in the Court of Queen’s Bench. The least amount of time passing between these dates was zero years, and the most time passing was 16.4 years.
  • The average length of time from the start of proceedings to the making of the final divorce order was 1.3 years. The least amount of time passing between these dates was 0.1 years, and the most time passing was 6.4 years.
  • Interim orders were more likely to be made in cases mentioning family violence (27%) than in cases where there was no mention of violence (3%).
  • In cases mentioning family violence, a larger proportion of plaintiffs were women than in cases where there was no mention of family violence. Plaintiffs and defendants were also, on average, younger in cases involving family violence.
  • In just over two-thirds of the first orders made in the files reviewed, mothers and stepmothers had the primary residence of the eldest child. Fathers and stepfathers had the primary residence of the eldest child in 10.6% of initial orders, and the primary residence of the eldest child was shared in 14.2% of initial orders.
  • In 30.8% of the first orders made in the files reviewed, mothers and stepmothers had the sole responsibility for decision-making in respect of the eldest child. Fathers and stepfathers had sole responsibility for decision-making for the eldest child in 6.9% of initial orders, and responsibility for decision-making for the eldest child was shared in 62.3% of initial orders.
  • Orders on parenting arrangements were made more frequently in cases mentioning family violence (42.6% of cases included two or more orders on parenting arrangements) than in cases not mentioning violence (9.4% of cases included two or more such orders).

Recommendations in this Report encourage the provincial and federal governments to do more work with the data already collected and to undertake a new round of data collection using the materials prepared for 2011.

CRILF acknowledges the ongoing financial support of the Alberta Law Foundation, without which this Report could not have been completed. The complete Report is available on the CRILF website.

Details in this post were taken from information circulated by the Canadian Research Institute for Law and the Family.

Summary Legal Advice Services in Alberta: Year 1 Results from the Community Legal Clinic Surveys and the Alberta Limited Legal Services Project – New Research from the Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family (CRILF) has published a new report entitled, Summary Legal Advice Services in Alberta: Year 1 Results from the Community Legal Clinic Surveys.

This report, which was prepared for the Alberta Law Foundation by Institute researchers, Joanne Paetsch and Lorne Betrand, examines the results of initial and follow-up surveys of 3,300 clients receiving services from legal clinics operated by Calgary Legal Guidance, Edmonton Community Legal Centre, Central Alberta Community Legal Clinic and Lethbridge Legal Guidance after one year of data collection, and has important implications for legal clinics across Canada.

Highlights from the study’s findings include:
  • The vast majority of clients reported that a 30-minute meeting with lawyer was sufficient to talk about their legal problem.
  • The most frequently discussed legals problems related to family law, landlord-tenant disputes and immigration.
  • Family law problems were more likely to be issues for clients who had completed some university or college than clients who had completed high school or less.
  • The vast majority of clients strongly agreed or agreed that they had a better understanding of their rights and responsibilities after their meeting at the clinic.
  • In the follow-up survey, clients who received a written summary of the advice they received were significantly more likely to strongly agree or agree that they had a better understanding of their rights and responsibilities after their meeting at the clinic.

Summary Legal Advice Services in Alberta: Year 1 Results from the Community Legal Clinic Surveys is available on the CRILF website.

 


On 18 April 2017, the Canadian Research Institute for Law and the Family formally launched The Alberta Limited Legal Services Project. The primary goals of the project are to determine whether limited scope legal services, also known as limited scope retainers and unbundled legal services, improve people’s ability to access justice, and to assess clients’ and lawyers’ satisfaction with limited scope legal services. Secondary goals include encouraging lawyers to provide these services as a component of their existing service offerings, improving public awareness of these services as an alternative to the traditional start-to-finish retainer, and creating a pool of lawyers trained and willing to provide limited scope services.

The project presently involves about 50 lawyers, with offices located throughout Alberta, practicing in almost every area of law. CRILF has focussed on family law, being the area of greatest need, and 40 roster lawyers provide service in this area. We will be surveying lawyers and clients alight through the data-collection phase of the project, which will wrap up in September 2018. The project is funded by a grant from the Law Foundation of Ontario.

The project website can be found at http://albertalegalservices.com/index.html and features: a list of roster lawyers, sorted by name, by area of practice and by location of practice; information for clients; and, practice resources for lawyers, including a model retainer agreement, best practices, a training video and frequently asked questions. Project materials are available at no charge to anyone interesting in replicating or repurposing the project elsewhere.

Details in this post were taken from information circulated by the Canadian Research Institute for Law and the Family.