New Reports Offer Guidance on Reporting and Prosecution of Sexual Assault on PEI

RISE, a community legal information organization that offers support for victims of sexual and intimate partner violence and workplace sexual harassment, has published a series of reports aimed at offering guidance to victims of sexual assault on PEI who are over the age of 18. “Reporting Sexual Assault: A Guide for Victims on PEI” offers information on where to access support services and the types of supports that are available, what constitutes sexual assault and consent, sexual assault evidence kits, among other important information.  The “Sexual Assault Prosecution: A Guide for Victims on PEI” report discusses prosecution of sexual assault and offers an overview of the process, the parties involved,  and addresses questions that might arise for persons going through the process.

“Reporting Sexual Assault: A Guide for Victims on PEI” and “Sexual Assault Prosecution: A Guide for Victims on PEI” are available on the RISE website in French and English here: https://www.risepei.com/en/downloads. The publications are not a substitute for guidance from a lawyer.

New Report Examines Pathways to Justice in British Columbia

The Access to Justice Centre for Excellence at the University of Victoria (UVic ACE) has published new research that examines the pathways that people in British Columbia take to solve their civil justice problems. Understanding what people do when they experience a serious civil justice problem and the pathways that are accessible to them to resolve those problems offers important insights into people’s legal awareness and the impact of public legal education and information for the public. It also provides understandings on how people engage with the justice system. In addition, the increased use of technology in the legal sector is transforming how people interact with the legal system and requires further study to understand the impacts for existing pathways and the new pathways that will become available.

The “Navigating Access to Justice Pathways” report includes findings from an exploratory study of experiences with civil and family law problems in British Columbia that aims to:

  • Develop a more robust understanding of how people define the civil and family law justice problems they experience
  • Map common pathways used to resolve civil and family justice problems
  • Identify the barriers people face when they try to access certain pathways and the impact of those barriers on their decisions
  • Understand how people prioritize and manage multiple legal problems

Navigating Access to Justice Pathways: Problem Resolution Routes for People Experiencing Civil and Family Law Problems in British Columbia by Yvon Dandurand, Jessica Jahn, Cathy Tait, and Megan Capp is available online here: https://ajrndotco.files.wordpress.com/2022/06/5876c-navigatingaccesstojusticepathways_ace_april20_2022.pdf.

Study on the Costs and Benefits of Community-Based Justice in Sierra Leone Makes Important Recommendations for Scaling Up Community Justice Services

On average, it costs users of local, paralegal services in Sierra Leone US $8.44 to access the service, far below what it costs to access the formal justice system. According to a new report on the Costs and Benefits of Community-Based Justice in Sierra Leone, without these community-based justice services, the government would spend approximately US $23.3M to support access to justice services through the formal justice system. This compares with approximately US $18.3M to access community-based justice services. This is among several important findings from a first-of-its-kind study by the Center for Alternative Policy Research & Innovation on The Costs and Benefits of Community-Based Justice in Sierra Leone.

The report makes 10 recommendations for scaling up paralegal-based justice services, including:

  • Establishing a National Legal Empowerment Fund;
  • Funding exploratory research;
  • Further reducing out-of-pocket costs to access community-based justice services;
  • Meaningfully integrating community-based justice services in the broader justice sector; and
  • Building robust and efficient monitoring and evaluation systems.

The Costs and Benefits of Community-Based Justice in Sierra Leone by Felix Marco Conteh, Yakama Manty Jones, Sonkita Conteh, Henry Mbawa and Aisha Fofana Ibrahim (CAPRI) is available online here: https://www.caprisl.org/post/the-costs-and-benefits-of-community-based-justice-in-sierra-leone.

This project was funded by the International Development Research Centre (IDRC) and is one of the final research outputs from a multi-country research initiative on Community-Based Justice Research.

Justice Canada Publishes Call for Projects under the Canadian Family Justice Fund

The Department of Justice of Canada has released a call for projects under the Canadian Family Justice Fund (CFJF). The CFJF “facilitates access to the family justice system for families experiencing separation and divorce through the provision of various services, programs and information resources”.

Project proposals are being sought that focus on the following priority areas:

  • Supporting the well-being of family members
  • Reaching diverse and underserved populations
  • Supporting alternatives to court
  • Improving and streamlining family justice system links/processes  

Individuals, non-profit organizations and non-profit professional organizations, societies or associations, educational institutions, and private sector organizations sponsoring non-profit projects in partnership with federal, provincial, or territorial governments are invited to apply. Information on the Canadian Family Justice Fund is available in English at https://www.justice.gc.ca/eng/fund-fina/famil/index.html et en français à : https://www.justice.gc.ca/fra/fina-fund/famil/index.html.

BC First Nations Justice Council To Hold Virtual Grand Opening For Indigenous Justice Centres

On the heels of the recent announcement by federal Minister of Justice, David Lametti, and Attorney General for BC, David Eby regarding the signing of a tripartite memorandum of understanding to support the implementation of the BC First Nations Justice Strategy, and funding to support Indigenous Justice Centres in British Columbia, the BC First Nations Justice Council has announced a virtual grand opening to celebrate the launch of four new Indigenous Justice Centres.

The BC First Nations Justice Council, which seeks to support the well-being of future generations by upholding self-determination, reclaiming Indigenous legal traditions, and addressing systemic injustice invites the public to attend the grand opening on Wednesday, January 26 to learn about the new Indigenous Justice Centres. The event will take place at 11:00 am PST / 2:00 pm EST.

To register, please visit: https://www.eventbrite.ca/e/bc-first-nations-justice-council-tickets-208242969327.

Justice Canada Publishes Reports on Legal Problem Experiences in Canada’s Provinces

Justice Canada has published a series of reports examining experiences with serious legal problems in Canada’s provinces. The Canadian Legal Problems Survey (CLPS) joins other Canadian legal problems surveys (in 2004, 2006, 2008 and 2014) in providing important insights into Canadian’s experiences with serious legal problems and the impacts of these experiences.

Experiences of serious problems or disputes in the Canadian provinces, 2021 is published in English here: https://www150.statcan.gc.ca/n1/daily-quotidien/220118/dq220118c-eng.htm.
Expériences de conflits ou de problèmes graves dans les provinces canadiennes, 2021 est disponible en français ici : https://www150.statcan.gc.ca/n1/daily-quotidien/220118/dq220118c-fra.htm.

Justice Canada has also published a series of qualitative legal problems reports from studies carried out with different populations in different parts of Canada. Each report details experiences of these populations with serious legal problems. The collection of reports includes:

Serious Legal Problems faced by Lesbian, Gay, Bisexual, and Other Sexual-Minority People in Western Canada: A Qualitative Study: https://www.justice.gc.ca/eng/rp-pr/jr/lgbtq/index.html.
Les graves problèmes juridiques rencontrés par les personnes lesbiennes, gaies, bisexuelles et autres membres de minorités sexuelles dans l’Ouest canadien : Une étude qualitative : https://www.justice.gc.ca/fra/pr-rp/jr/lgbtq/index.html.

A Qualitative Look at Serious Legal Problems Faced by Immigrants in Greater Victoria and Vancouver, British Columbia: https://www.justice.gc.ca/eng/rp-pr/jr/ivvbc/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves auxquels se heurtent les immigrants dans les agglomérations de Victoria et de Vancouver (Colombie-Britannique) : https://www.justice.gc.ca/fra/pr-rp/jr/ivvbc/index.html.

A Qualitative Look at Serious Legal Problems Facing Immigrants in London and Toronto, Ontario: https://www.justice.gc.ca/eng/rp-pr/jr/ilto/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves auxquels font face les immigrants à London et à Toronto (Ontario) : https://www.justice.gc.ca/fra/pr-rp/jr/ilto/index.html.

Serious Problems Experienced by People with Disabilities Living in Atlantic Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdac-phca/index.html.
Problèmes graves rencontrés par les personnes handicapées au Canada atlantique : https://www.justice.gc.ca/fra/pr-rp/jr/phca-pwdac/index.html.

A Qualitative Look at Serious Legal Problems for People with Disabilities in Central Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdcc-phcc/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves touchant les personnes handicapées dans le centre du Canada : https://www.justice.gc.ca/fra/pr-rp/jr/phcc-pwdcc/index.html.

Serious Problems Experienced by Diverse People with Disabilities: Western Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdwc-phcw/index.html.
Problèmes graves rencontrés par diverses personnes en situation de handicap – Ouest du Canada : https://www.justice.gc.ca/fra/pr-rp/jr/phcw-pwdwc/index.html.

Project to Assess Unbundled Legal Services Publishes Phase 1 Report

The Family Law Unbundled Legal Services Research Project (ULSRP) is an initiative by the Access to Justice BC Unbundling Working Group, Family Justice Innovation Lab Society, and Standpoint Decisions Inc. which seeks to examine the effectiveness of family unbundled legal services. The project also aims to “facilitate access to justice by enhancing the working relationships between the existing community of [unbundled legal services] providers and BC citizens most in need of unbundled-type services.”

The project is being conducted in two phases, with the focus of Phase 1 to test and demonstrate the feasibility and benefits of a proposed model for ongoing feedback from unbundled legal services clients. Data collected from this project will help service providers, innovators and policy-makers to assess the effectiveness of unbundled family legal services and better understand the user/client experience. The final report from Phase 1 of the Family Law Unbundled Legal Services Research Project is available here: https://www.bcfamilyinnovationlab.ca/wp-content/uploads/2021/12/ULSRP-Phase-1-Report-2021-12-08-File-No-2020-LLR-3552-no-financials.pdf.

Family Law Cases in Canada’s Civil Courts Decline by 7% for 2019-2020

Data from the recently published 2019-2020 Civil Court Survey reveals a 7% year-over-year decline in family law cases in Canada. This decrease represents the largest decline in family law cases in 5 years. The data is for the period from April 1, 2019 to March 31, 2020 and, in large part, does not reflect the impacts of the COVID-19 pandemic on the justice system, including from court closures and stay-at-home orders. It is anticipated that there will be an even greater decline in family law cases in the 2020-2021 Civil Court Survey.

Of the more than 228,000 active family law cases during the 2019-2020 period, 47% were divorce cases. Of this number, almost three quarters involved requests for a divorce judgement to legally end a marriage; the remainder involved matters related to custody, access, and support. Notably, the data also shows that custody and access family law court cases during this period reported more activity than non-family cases, which the report on the data suggests may be “an indication of the amount of time and court resources they require”.

The Juristat report on family law cases in civil courts for 2019-2020 and the 2019-2020 Civil Court Survey data are available on the Statistics Canada website here: https://www150.statcan.gc.ca/n1/daily-quotidien/210628/dq210628d-eng.htm.

« Profil des causes de droit de la famille au Canada, 2019-2020 » est disponible en français ici : https://www150.statcan.gc.ca/n1/daily-quotidien/210628/dq210628d-fra.htm.

British Columbia Law Institute Reports Recommend Changes to B.C.’s Child Protection Legislation

The British Columbia Law Institute’s (BCLI’s) Child Protection Project Committee has published two reports aimed at: (i) providing recommendations for reforms to the child protection framework; and (ii) reviewing legislation related to youth aging into the community.

The “Report on Modernizing the Child, Family and Community Service Act” provides an extensive review of British Columbia’s child protection statute, offering 39 recommendations for reform and draft sample legislation. The “Study Paper on Youth Aging into the Community” provides guidance on transition planning, relationship-based support, education support, and housing support for young people who were under care of the child protection system and have reached the age of maturity. The “Report on Modernizing the Child, Family and Community Service Act” and the “Study Paper on Youth Aging in the Community” bring the work of the Child Protection Project Committee to a close.

“Report on Modernizing the Child, Family and Community Service Act” is available on the BCLI website here: https://www.bcli.org/publication/92-report-on-modernizing-the-child-family-and-community-service-act.

“Study Paper on Youth Aging into the Community” published by the British Columbia Law Institute is available here: https://www.bcli.org/publication/study-paper-on-youth-aging-into-the-community.

Parliamentary Committee Report Explores the Impacts of the COVID-19 Pandemic on Canadian Immigration

“Immigration in the Time of COVID-19: Issues and Challenges” is a new report from the Standing Committee on Citizenship and Immigration (CIMM). The report explores the impacts of the pandemic on Canada’s immigration system, with particular emphasis on family reunification, the parent and grandparent program, and impacts for international students and foreign nationals with expired documents. The parliamentary committee report includes 38 recommendations for consideration by the House of Commons, including:

  • A fully digitized system that also maintains the option for paper applications (Recommendation 1);
  • Increasing financial supports for settlement services to facilitate digital literacy and access to digital tools (Recommendation 3);
  • Implementing measures to permit permanent residents with expired permanent resident cards who have faced renewal issues because of the pandemic to return to Canada (Recommendation 4); and,
  • Prioritizing the processing of family reunification applications in cases where family members are protected persons (Recommendation 8).

The CIMM Committee report is available in English here:  https://www.ourcommons.ca/DocumentViewer/en/43-2/CIMM/report-5/. The report is available in French here: https://www.noscommunes.ca/DocumentViewer/fr/43-2/CIMM/rapport-5.