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.

World Justice Project Publishes 2017-2018 Rule of Law Index Report

On January 31st, the World Justice Project (WJP) released its latest Rule of Law Index Report. This report is an annual publication that includes rule of law assessments of countries based on their level of adherence to 44 indicators grouped into the following 8 categories:

  1. Constraints on Government Powers
  2. Absence of Corruption
  3. Open Government
  4. Fundamental Rights
  5. Order and Security
  6. Regulatory Enforcement
  7. Civil Justice
  8. Criminal Justice

Countries are also evaluated on their adherence to a ninth factor – informal justice—that is not included in the aggregate scores. This year’s report includes assessments for 113 countries. The scores and rankings are based on data gathered from two sources: a General Population Poll (GPP) that is disseminated in the 3 largest cities of each country included in the ranking and, a Qualified Respondents’ Questionnaire (QRQ) that gathers responses from in-country experts in civil and commercial law, criminal justice, labor law and public health.

The 2017-2018 Rule of Law Index is available online here: https://worldjusticeproject.org/sites/default/files/documents/WJP_ROLI_2017-18_Online-Edition.pdf.

Previous Rule of Law Index publications can be accessed on the WJP website here: https://worldjusticeproject.org/our-work/wjp-rule-law-index/previous-editions-wjp-rule-law-index.

World Justice Project Publishes Global Insights on Access to Justice Report

The World Justice Project (WJP) has published its first-ever Global Insights on Access to Justice: Findings from the World Justice Project General Population Poll in 45 Countries report. The report is based on data gathered from an access to civil justice survey conducted with over 1,000 respondents in the 3 largest cities of the 45 countries included in the report. The survey questions were based on the following 11 themes:

  1. Types of legal problems experienced in the last two years
  2. Problem seriousness
  3. Sources of (professional and informal) help and advice
  4. Residual problem resolving behavior, such as attempts to learn more about the legal issue
  5. Reasons for advice not being obtained.
  6. Resolution process, through formal and informal means
  7. Fact and manner of conclusion
  8. Perceptions of the quality of the process and outcome
  9. Cost of problem resolution
  10. Legal capability, awareness, and confidence
  11. Impact of experiencing a legal problem

The report is organized by country with data presented according to the paths that respondents followed to deal with their everyday legal problems, with an emphasis on:

  • Incidence of Legal Problems
  • Violence
  • Action or Inaction
  • Status of Legal Problems
  • Process, Perceptions & Legal Capability
  • Hardship

The Global Insights WJP report, international poll, methodology paper and summary statistics report can all be accessed here: https://worldjusticeproject.org/news/global-insights-access-justice.

New Report Highlights Connection Between Legal Problems and Health Issues in the UK

A new Global Insights report by the World Justice Project (WJP) indicates that 1 in 3 people (31%) who experience legal problems in the United Kingdom experience stress or physical health problems as a result. The Access to Justice survey that was conducted for this report also found that:

  • 1 in 10 people in the UK who experience a legal problem within a 2-year period also experience a relationship breakdown as a result of their legal problem.
  • Almost 1 in 5 (18%) lost their job, faced financial strain or experienced housing issues because of legal problems they experienced within the reference period of the survey.

Trouble with neighbours was the most commonly experienced legal problem type reported by respondents in the UK survey with 1 in 5 (20%) experiencing this problem. Other common legal problems include:

  • Accessing benefits or care
  • Problems with Landlords
  • Debt-related problems, including paying credit cards, utility bills or loans
  • Harassment at work

This article provides an overview of the survey results for the UK and discusses the findings in the context of other recent reports as well as budget cuts to the UK’s Legal Aid, Sentencing and Punishment of Offenders (Laspo) Act in recent years: https://www.theguardian.com/inequality/2018/jan/29/one-in-three-people-with-legal-problems-in-uk-develop-health-issues-report.

For more on physical and mental health problems related to everyday legal problems in Canada, see the recent Canadian Forum on Civil Justice report published here.

 

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.

Upcoming A2J-Related Events

ACCESS TO JUSTICE WEEK (October 23 – 27) Ontario
The 2nd annual Access to Justice Week is underway with various events taking place across Ontario. Live streaming and webcast links are available here for some remaining events.


IMMIGRATION LAW: LAW AT THE LIBRARY SERIES (October 28) at 2516 Alta Vista, Ottawa
This event is geared towards new immigrants to Canada and individuals with questions about immigration and visiting Canada. The Immigration Law – Law at the Library Series event will cover information on applying for visas, permanent residency, becoming a Canadian citizen, legal rights and more.


EQUALITY, DIVERSITY AND INCLUSION: INFORMATION SESSION (October 30) at 130 Queen Street West, Toronto
This information session will discuss the strategies that the Law Society of Upper Canada (LSUC) will be putting in place to help address discrimination and racism in the legal profession.


CANFest 2017 (November 1) at 130 Queen Street West, Toronto
This event will provide information on the Coach and Advisor Network (CAN) and offer visitors an opportunity to meet participants in the Coach and Advisor Network.


TAKE OUR KIDS TO WORK AT OSGOODE HALL 2017 (November 1) at 130 Queen Street West, Toronto
The goal of this event is to educate students in Grade 9 about the steps to becoming a legal professional.


#140DOWN – NOW WHAT? THE FUTURE OF LAWYERING IS HERE (November 3) at Fort Garry Place Banquet & Conference, Winnipeg
Innovators, analysts and experts in the legal field will be among the presenters and attendees at the 140th Isaac Pitblado Lecture on the theme of Now What? The Future of Lawyering is Here. More information on this event is available online at http://www.pitbladolectures.com. The program agenda is available online here.


THE ONTARIO AI LEGAL CHALLENGE (November 10)
The initiative aims to engage companies in a challenge to create affordable legal services solutions that incorporate artificial intelligence. The deadline for submissions to the challenge is November 10, 2017, with a top prize of $80,000. In addition to the main prize, the 6 companies that make it to the semi-final round will have access to mentors and other services offered through Ryerson University’s Legal Innovation Zone (LIZ).


MAKE A WILL – LAW AT THE LIBRARY SERIES (November 15) at 2516 Alta Vista, Ottawa
This information session will focus on wills and estates law. Attendees will learn about the importance of having a will, what happens in the absence of a will and the importance of powers of attorney.


17TH ANNUAL FRANCHISE LAW CONFERENCE (November 16) at 20 Toronto Street, Toronto
This Ontario Bar Association event  will include two special workshops and several roundtables and will explore trends and developments in franchise law.


LEGAL FUTURES INNOVATION CONFERENCE: CHANGING THE GAME (November 21) at 250 Bishopsgate, London
This conference in London will highlight major changes over the past 10 years that have occurred in law firms, the range of legal and non-legal services offered, technology and the Law and other related topics in the legal field.

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.

Final Report of the Bach Commission now Available

The Bach Commission on Access to Justice was created in 2015 to develop “realistic but radical proposals…for re-establishing the right to justice as a fundamental public entitlement” in England and Wales. Recent changes in funding and eligibility requirements for legal aid have placed even more strain to a justice system that is said to be in crisis. In response to what the Commission argues are “widespread” and “varied” problems in the legal system, their final report proposes a legally enforceable Right to Justice Act that will ultimately serve to “create a new legal framework that will…transform access to justice”.

The Right to Justice, the final report of the Bach Commission is available online here.

The Crisis in the Justice System in England and Wales, the Commission’s interim report published in November, 2016 is available online here.