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LEGAL REPORT: FAMILY LAW Four pillars to resurrect a Calls for family law reform in Ontario are loud and persistent. They are being heard. BY JUDY VAN RHIJN ing to speak to members of the legal com- munity about criminal and civil matters, he found that everyone really wanted to talk about family law. "For many years we hadn't done much to family law — just little tweaks in the legislation and the pro- cess — but everywhere I went the lawyers and judges and people in the community all agreed that something needed to be done." According to Bentley, the call for reform has been hard sell; loud and per- sistent. "I heard that the existing approach was 'very frustrating.' That's the nicest way of putting it. Everyone wanted decisions to be made faster with less anger and con- frontation and for the system to be one heck of a lot cheaper and less complex." A new reform package has now been W launched with those goals in mind. Initially kicking off in the Toronto-area Milton and Brampton courts in June, it is hoped the new regime will spread provincewide if found to be successful. The reforms are framed in "four pillars": information pro- grams and services, triage, alternatives to court, and streamlined court process. "I'd like to say I came down from the wilderness with the package but really I just listened to what people had to say, then packaged it up into four pillars," explains Bentley. "We're essentially doing what we've been advised to do by people in hen newly appointed Attorney General Chris Bentley set off on his travels around Ontario, hop- the front lines for years. That's the magic in the approach." Bentley says you can design anything you like in the boardroom, but if the judges, lawyers, court staff, and com- munity support workers don't buy in, it won't work. "You're really trying to change a culture, and you get them to buy in by listening to people's good advice." In this case, the advice came in the form of a report that was born out of the Home Court Advantage program put together by members of the Ontario Association for Family Mediation, the ADR Institute of Ontario, the Ontario Bar Association, and collaborative prac- tice lawyers. It culminated in a two-day conference last November co-chaired by lawyer Tom Dart, past chairman of the family law section of the OBA. "We had been gathering consensus and making presentations on the need to change our approach to family law," says Dart. "Then we put together the two-day program, and we had professionals from every area of family law there, from psychologists to Ministry of Attorney General staff." Joyce Young, a family mediator and president of the ADR Institute of Ontario, says: "There is consensus in the family law community on the need for change and a consensus on the practical changes that need to be made. We're attacking the problem where it starts." There were several meetings with the attorney general during the process. "We are very pleased that the attorney general was willing to entertain us. We wish he had more dollars to put towards the problem but with the resources he has, he is working very hard to put the reforms in place." The first pillar focuses on arming par- ticipants with information. The corner- stone of the new approach is a mandatory information program for anyone access- ing the court — a three-hour program delivered by volunteer lawyers and men- tal-health workers who are to be paid an honorarium. "Information is power," says Bentley. "People want information pre- sented in a way they can understand. For too long we have pretended to give infor- mation that is framed in shorter sentences but full of the same incomprehensible language, thereby showing how smart we are, and how smart we aren't." There will also be a voluntary six-session course, as well as information and lectures available by DVD, video, print, and Internet. Apart from the straight dissemination of information, Bentley agrees people need to be aware of the potential outcomes of their case. "There needs to be access to legal advice early on. When you first come to court, you should be able to spend a little time with a lawyer. Whether it's through a legal aid duty counsel, a family law information session, or a dispute resolution officer — a new position in the Superior Court in Milton and Brampton." Dispute resolution officers have been www. C ANADIAN Law ye rmag.com A UGUST 2010 43 broken system CARL WIENS