Canadian Forum on Civil Justice Publishes New Cost of Justice Reports

The Canadian Forum on Civil Justice (CFCJ) has published three new reports based on data from their national Everyday Legal Problems and the Cost of Justice in Canada study.

EVERYDAY LEGAL PROBLEMS AND THE COST OF JUSTICE IN CANADA – SURVEY DATA

The full data set from the CFCJ’s Everyday Legal Problems and Cost of Justice of Justice in Canada survey is now available! As part of the CFCJ’s national 7-year study on the Cost of Justice, over 3,000 adults in Canada were asked about their experiences with civil and family justice problems, the costs (monetary and non-monetary) of experiencing one or more civil or family justice problems and their views on the justice system.

The data from this national Cost of Justice survey has been published and is available on the CFCJ website here: http://cfcj-fcjc.org/wp-content/uploads/Everyday-Legal-Problems-and-the-Cost-of-Justice-in-Canada-Cost-of-Justice-Survey-Data.pdf.


EVERYDAY LEGAL PROBLEMS AND THE COST OF JUSTICE IN CANADA – INCOME

Is there a connection between annual household income and experiences of civil or family justice problems in Canada? A new Cost of Justice report is now available that includes data from the CFCJ’s national Cost of Justice survey organized into three annual income groups: Less than $60,000, $60,000 – $125,000, and More than $125,000.

View the Everyday Legal Problems and the Cost of Justice in Canada – Income report on the CFCJ website here: http://cfcj-fcjc.org/wp-content/uploads/INCOME-Everyday-Legal-Problems-and-the-Cost-of-Justice-in-Canada.pdf.


EVERYDAY LEGAL PROBLEMS AND THE COST OF JUSTICE IN CANADA – SPENDING ON EVERYDAY LEGAL PROBLEMS

Almost 50% of people who experience an everyday legal problem spend some money trying to resolve their problem. Based on findings from the CFCJ’s national Cost of Justice study, average spending on legal problems is approximately $6,100. That is almost as much as Canadian households spend on food in a year. The newly published Everyday Legal Problems and the Cost of Justice in Canada – Spending on Everyday Legal Problems report offers additional insights on monetary spending on civil and family justice problems based on demographic characteristics recorded in the CFCJ’s Cost of Justice survey, as well as pathways used to try to resolve legal problems.

This new Cost of Justice report is available on the CFCJ website here: www.cfcj-fcjc.org/wp-content/uploads/SPENDING-Everyday-Legal-Problems-and-the-Cost-of-Justice-in-Canada.pdf.

New Report looks at Judges’ Views on Children’s Participation in Justice Processes

The Canadian Research Institute for Law and the Family (CRILF) has published the final report on their 2017 national symposium on children’s participation in justice processes.

Children’s Participation in Justice Processes: Survey of Justices on Alberta’s Court of Queen’s Bench presents the results of a survey of justices on Alberta’s Court of Queen’s Bench. The survey aimed to obtain judges’ opinions on the importance of obtaining children’s views in court proceedings which affect them, the best ways of obtaining those views, and the extent to which judges have had experience soliciting the views of children. The study concludes with a number of recommendations for hearing children’s views.

Children’s Participation in Justice Processes: Survey of Justices on Alberta’s Court of Queen’s Bench is available online here: http://www.crilf.ca/Documents/ABQB_Justices%20Survey_Child_Participation_-_August_2018.pdf.

New Report Examines Alberta’s Mandatory Early Intervention Case Conferencing Pilot Project

The early intervention case conferences (EICCs) is a pilot project that was implemented by Alberta’s Court of Queen’s Bench in September, 2017 in an effort to address the increasing delays until family law cases can be tried, increasing numbers of litigants without counsel, and the short complement of the bench relative to the province’s population.

The Canadian Research Institute for Law and the Family (CRILF) recently conducted an evaluation of the EICC in order to determine if the Early Intervention Case Conference project is meeting its stated goals. The evaluation provides insights into what is working and what could be improved in the pilot project, and explores whether the project should be implemented as a permanent part of the family law litigation process in the Court of Queen’s Bench.

An Evaluation of Alberta’s Mandatary Early Intervention Case Conference Pilot Project final report is available online here: http://www.crilf.ca/Documents/EICC_Evaluation_-_August_2018.pdf.

Access to Justice: Diana Lowe on support for families as they restructure

by Thomas Cromwell

Alberta has been engaged for several years in an ambitious family law reform effort. I spoke to Diana Lowe, co-lead of the Reforming the Family Justice System (RFJS) initiative, about what they have been doing and what’s ahead. Here is the second part of my interview with her.

TC: What main innovations have been introduced and how are they working?

DL: The most significant change that has taken place, is a shift in the mental model or culture in the family justice system, away from improving access to lawyers, law and adversarial processes, and instead to a focus on family well-being through services that support families as they experience the pressures of restructuring. We are encouraging awareness of this shift by all participants in the family justice system, including families, and encouraging alignment with the Theory of Change in policy and programs.

We are beginning to see shifts in systems, policy and practices including the Court of Queen’s Bench that has adopted the Theory of Change in its Strategic Plan and is beginning to take action to put this into effect. Resolution Services in the Ministry of Justice and Solicitor General is developing a pilot to refocus the work of frontline staff as “justice system navigators.” These staff will be trained in brain science, and will develop maps of community services so they can assist families to obtain the supports they need for their social, relationship, parenting and financial needs.

This pilot is a collaboration with the County of Strathcona Family and Community Support Services (FCSS) and if successful, will be expanded to include FCSS organizations throughout the province.

Alberta has submitted a joint proposal (by the Alberta Ministry of Justice and Solicitor General, the Court of Queen’s Bench and the provincial court) to the federal minister of Justice, for the creation of an Alberta Unified Family Court. The proposal embedded the RFJS Theory of Change, supporting the use of services to assist Alberta families to access supports they need to help develop resilience, and to resolve disputes away from the adversarial processes of courts as much as possible.

TC: How is the experience of a family going through separation and divorce different from what it might have been five years ago?

DL: While the RFJS is still underway, there are many things that parents can do already to help them and their children thrive as they restructure. As co-convenor Justice Andrea Moen noted at our recent Collaborator Workshop, collaborative family professionals were out front in understanding that co-operation and collaboration between parents is essential for the health of the family and of the children. They led the way by creating teams of professionals to assist families.

The RFJS is aligned with the collaborative approach both to help families avoid adversarial court processes and to work out the restructuring of their family. Their approach is a model which ensures that families receive the kinds of relationship, parenting and financial supports that they need, and families can be guided by the model that collaborative professionals have created for supporting healthy families.

There are many different supports that are available to assist families, including collaborative family practitioners, co-parenting experts, wellness coaches, grief counsellors, financial advisers, step-parent supports, and of course mediators and lawyers. Examples of these supports are published regularly in Divorce Magazine. Families can use technology tools that encourage parents to work together to achieve better outcomes, including coParenter and Undo.

Supports for families are also available in most communities in the province through Family and Community Support Services partnerships between the provincial government and municipal governments; at Parent Link Centres; and through Triple-P Parenting Resources.

The RFJS is supporting the Ministry pilot in the County of Strathcona that will see families seek these supports, as part of our goal for better outcomes. As families are encouraged to seek out these supports early on in their decision to restructure, they are better able to deal with the emotional, parenting, relationship and financial challenges that commonly occur upon separation and divorce, and to avoid tangling these issues into legal processes.

TC: What’s next?

DL: Our Outcomes Framework identifies our key priorities for the coming year as:

  • Working with the legal profession to encourage brain science education by family lawyers, and identifying implications for shifts in ethical responsibilities and practices of family lawyers.
  • Working with the courts to ensure they are familiar with the Theory of Change, and are encouraged to align court processes with it.
  • Continued work with the Ministry of Justice and Solicitor General on the pilot with FCSS, and other family justice initiatives.
  • Helping to enhance the public understanding that “parents fighting about their children causes harm,” and to provide information about supports to improve resilience and well-being of family members.
  • Working with frontline service providers and supports for families, to empower them to provide the social, relationship, parenting and financial supports that families need when they’re restructuring.
  • Working with other ministries (Health, Education, Community and Social Services, Children’s Services) to share the Theory of Change and seek alignment with it, and the integration of services for families, in order to help families thrive.

This is the second of a two-part series. Read part one here.

This article originally appeared on The Lawyer’s Daily on July 30, 2018. It is the tenth article in The Honourable Thomas Cromwell’s exclusive Lawyer’s Daily column dedicated to access to civil and family justice.

The Honourable Thomas Cromwell served 19 years as an appellate judge and chairs the Chief Justice’s Action Committee on Access to Justice in Civil and Family Matters. He retired from the Supreme Court of Canada in September of 2016 and is now senior counsel to the national litigation practice at Borden Ladner Gervais.

Canadian Research Institute for Law and the Family Publishes Report on Canadian Legal Incubator Initiative

A recently published report by the Canadian Research Institute for Law and the Family (CRILF) examines the Aspire Legal Access Initiative (ALAI), a program based in Alberta that provides law school graduates with articles in family law and improves access to family law services for Calgarians. ALAI is modelled on legal incubator programs that have increased in popularity in the United States as a means to offer legal services to people who would not otherwise be able to access help. Similarly, through the ALAI program, Calgarians who earn too much to be eligible for legal aid but too little to afford private counsel receive legal assistance from law students and a senior lawyer. ALAI is the first legal incubator project in Canada and has been adapted to meet Canada’s article requirements.

The Evaluation of the Aspire Legal Access Initiative report outlines the satisfaction and opinions of clients, articled students and stakeholders from the legal community who accessed the program and also offers recommendations aimed at ensuring the program continues to operate as intended. An Evaluation of the Aspire Legal Access Initiative is available online here: http://www.crilf.ca/Documents/Aspire_Evaluation_-_July_2018.pdf.

Access to Justice: Diana Lowe on the theory of change

by Thomas Cromwell

Alberta has been engaged for several years in an ambitious family law reform effort. I spoke to Diana Lowe, co-lead of the Reforming the Family Justice System initiative, about what they have been doing and what’s ahead. Here is what she told me.

TC: What was the impetus for Alberta’s family law project and what are its objectives?

DL: The Reforming the Family Justice System (RFJS) initiative was inspired by two very different but important pieces of work. The first is new scientific knowledge about brain science and brain development, which includes understanding the impact of toxic stress and how it is harmful to children’s brains. This is the kind of stress that occurs when families have unresolved disputes and children are exposed to fighting between parents. Brain science tells us that fighting between parents actually harms the development of children’s brains. The effects are physical as well as mental, impact the child throughout their life, and in fact can be intergenerational.

The second is the recommendations in the reports of the national Action Committee on Access to Justice in Civil and Family Matters (Action Committee). The Action Committee is made up of leaders from across Canada, and published five reports in 2013, which are available online here.

The name we gave to this initiative is “Reforming the Family Justice System,” but we increasingly refer to it as “reimagining” the family justice system. In short, the RFJS is aimed at wholesale systems change. The change we’re seeking in the RFJS is not the traditional focus of access to justice initiatives, which aim to improve and increase access to legal processes and services. Rather, we seek well-rounded solutions that support families as they restructure, and most importantly, ensuring that children are safe and able to thrive even as their families are changing.

TC: Has the initiative identified the main problems that need to be solved?

DL: We’ve developed a Theory of Change that guides us in our work. It recognizes that “family justice issues are primarily social, relationship and financial, that contain a legal element.” By this, we understand that we need to untangle social, relationship and financial issues from legal issues, and create paths to empower families to obtain the social, relationship and financial supports that they need to address these problems, outside of adversarial legal processes and away from the courts. We are recognizing that legal — adversarial — responses to what are primarily social, relationship and financial problems, cause harm to families.

TC: Can you explain what you mean by “Theory of Change”?

DL: The concept of a Theory of Change is commonly used in systems change processes (it is described in detail here). Our work on the RFJS Theory of Change began in December 2014, and was based on the recognition that “… relationship breakdown is not a legal event that has some potential social consequences; it is a social phenomenon that has some legal consequences.” (Action Committee, Family Justice Working Group Report, Beyond Wise Words at p.14).

Facilitators led a number of different groups of Convenors and Collaborators through discussions which encouraged the group to really drill down to the systemic causes for the problems in the family justice system. Participants discussed why these causes exist, including what the worldview is that creates and fosters them, and what society’s basic myths and metaphors are about family justice, as these are part of our current mental model, or culture, which is a barrier to change. The group then focused on the new mental model that we want to create, and on high-level strategies to move forward. What made sense to the group was that our Theory of Change would follow a progression from problems, through strategies to outcomes, filtered through the lens that recognizes “Family justice issues are primarily social, relationship and financial, that contain a legal element.”

The Theory of Change for the RFJS is a living document that helps us maintain our focus on the “big picture” and on what is required to support the changes we are seeking. It helps us to be more explicit about the change that underpins the RFJS, to see where our various initiatives and areas of work fit into this big picture, and where we can integrate and align efforts to achieve the desired impact. It also helps us identify indicators for evaluation.

This is the first of a two-part series.

 

This article originally appeared on The Lawyer’s Daily on July 23, 2018. It is the ninth article in The Honourable Thomas Cromwell’s exclusive Lawyer’s Daily column dedicated to access to civil and family justice.
The Honourable Thomas Cromwell served 19 years as an appellate judge and chairs the Chief Justice’s Action Committee on Access to Justice in Civil and Family Matters. He retired from the Supreme Court of Canada in September of 2016 and is now senior counsel to the national litigation practice at Borden Ladner Gervais.

Canadian Research Institute for Law and the Family Publishes Report on Summary Legal Advice Services

A recent “Summary Legal Advice Services in Alberta” report from the Canadian Research Institute for Law and the Family (CRILF) examines two years of data from almost 8,000 client surveys regarding summary legal advice received from community legal clinics in Alberta. The clinics that participated in the study are:

  • Calgary Legal Guidance
  • Edmonton Community Legal Centre
  • Central Alberta Community Legal Clinic (Red Deer)
  • Lethbridge Legal Guidance

Key findings from the report include:

  • 93% of clients were very comfortable or comfortable receiving legal advice in English
    • Of note: It was impossible to determine the number of potential clients who did not attend the clinics because they are uncomfortable receiving legal advice in English
  • Family law matters accounted for 46% of clients’ legal problems, followed by landlord-tenant disputes (14%) and immigration and sponsorship issues (9%); family law matters were most likely to a problem for clients aged 35 to 44
  • 90% of clients reported that they had a better understanding of their legal rights and responsibilities, their legal options and the pros and cons of those options, and what to do next as a result of attending the clinic
  • 40% of clients had 15 to 29 minutes with the clinic lawyer; 38% had 30 to 44 minutes
  • 90% of clients felt they had enough time with the clinic lawyer to talk; clients with appointments longer than 30 minutes were more likely to agree that they had a better understanding of their legal issue and what to do next than clients with shorter appointments
  • Almost two-thirds of clients received a written summary of the lawyer’s advice; those receiving a summary were more likely to agree that they understood their legal rights and responsibilities, their legal options and the pros and cons of those options, and what to do next
  • The number of clients receiving a written summary increased by 14% between the first and second years of the project
  • The majority of clients responding to a follow-up survey administered two months after clients’ appointments had made use of the advice they received
  • 63% of clients were women, 54% were between the ages of 25 and 44, 61% had completed or taken some post-secondary education and 40% were employed full- or part-time

The complete “Summary Legal Advice Services in Alberta: Survey Results from the First Two Years of Data Collection” report is available on the CRILF website here: http://www.crilf.ca/Documents/ALF_Clinic_Survey_Year_2_-_May_2018.pdf. This report was produced at the request of the Alberta Law Foundation.

 

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

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.

Canadian Research Institute for Law and the Family (CRILF) Publishes Reports on the Priority Prolific Offender Program (PPOP)

The Canadian Research Institute for Law and the Family (CRILF) has published three reports that evaluate the Priority Prolific Offender Program (PPOP) over three years between 2012 and 2017.

The PPOP is an initiative by the Alberta Ministry of Justice and Solicitor General, in partnership with the Calgary Police Service, Edmonton Police Service and the Royal Canadian Mounted Police. The goal of the Program is to stop regular offenders from reoffending. It aims to do this in part through better collaboration among the groups that are involved in the Program.  With improved collaboration, Crown Prosecutors will have complete, accurate and up-to-date information on prolific offenders and, support services and rehabilitation can be promoted to individuals who can benefit from these services.

The reports from the three-year evaluation provide valuable information as to the efficacy of the Program, its process and selection criteria, the satisfaction of stakeholders, staff insights, the Program’s social value and its impact on offenders’ behaviour.

Evaluations of Years 1, 2 and 3 of the Priority Prolific Offender Program can be accessed on the CRILF website here: http://www.crilf.ca/publications.htm.

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.