A2J Initiative by Clicklaw and the Provincial Court of BC Offers Help for Self-Represented Litigants

The Provincial Court of British Columbia, in partnership with Clicklaw, have created (regularly updated) mobile-friendly guides to online legal information resources for self-represented litigants, and others who require assistance when starting out on the path to problem resolution for Provincial Court matters.

Intermediaries and court-adjunct staff can find more information on how to access information and resources to assist self-represented persons from this poster: http://blog.clicklaw.bc.ca/wp-content/uploads/2018/06/handout-light-clicklaw-bcpc.pdf. Clicklaw and the Provincial Court of BC encourage you to share the poster. To learn more about the partnership between the Provincial Court of BC and Clicklaw, read the eNews announcement on the Provincial Court of BC website here: http://www.provincialcourt.bc.ca/enews/enews-29-09-2015.

Government of Canada Introduces New Family Law Legislation

The Government of Canada has introduced new legislation aimed at modernizing and strengthening family justice—making it the first substantial update of Canada’s federal family laws in 20 years.

On May 22nd, the Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, introduced legislation that would amend three federal family laws: the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) and the Garnishment, Attachment and Pension Diversion Act (GAPDA). The legislation has four key objectives: to promote the best interests children, address family violence, curb child poverty and make Canada’s family justice system more accessible and efficient.

Additional information on these new measures can be accessed here: https://www.newswire.ca/news-releases/government-of-canada-announces-new-measures-to-strengthen-and-modernize-family-justice-683335701.html.

Child, Family and Community Service Act (CFCSA), Aboriginal Communities and Parents Plain Language Guidebook

The involvement of Aboriginal communities in child welfare decisions increases the likelihood that Aboriginal children who are being impacted by these decisions will be placed with Aboriginal caregivers who can help to maintain cultural and community ties. In British Columbia, the importance and value of this is reflected in the Child, Family and Community Service Act (“CFCSA”) which, among other things, states that Aboriginal communities have the right to be involved in decisions affecting Aboriginal children in care.

The ShchEma-mee.tkt Project has published an Aboriginal Communities and Parents Plain Language Guidebook to educate and promote compliance with these and other requirements relating to Aboriginal children, and to help to improve outcomes for Aboriginal children in care. Wrapping our Ways Around Them: The Child, Family and Community Service Act (CFCSA), Aboriginal Communities and Parents Plain Language Guidebook is available online at: www.wrappingourways.ca/.

New Report on the Costs, Benefits and Limitations of Different Dispute Resolution Processes in Family Law

The Canadian Research Institute for Law and the Family (CRILF), in partnership with the Canadian Forum on Civil Justice (CFCJ) have published an exciting new report that examines the use of collaborative settlement processes, mediation, arbitration and litigation to resolve family law disputes.

The study provides valuable insights into the costs of the different dispute resolution processes, how long cases take to resolve, and lawyers’ perceptions of their efficacy and suitability for resolving different types of family law problems.

Read “An Evaluation of the Cost of Family Law Disputes: Measuring the Cost Implication of Various Dispute Resolution Methods” on the CFCJ website here and on the CRILF website here.

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.