The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50835
REGIONAL WRAP-UP ATLANTIC NS PLANS TO 'MODERNIzE' CUSTODy LEGISLATION Justice is updating and clarifying two pieces of legislation: the Maintenance and Custody Act and the Reciprocal Enforcement of Custody Orders Act. "These laws have become outdated and need to be modernized," says Justice Minister Ross Landry. Some of the legislative changes are N noteworthy. "From a practitioner's point of view, the most significant change would be the proposal to insert best- interest-of-the-child factors in the Maintenance and Custody Act," says Daniel Walker, a partner with Coady Filliter in Halifax and chairman of the Canadian Bar Association Nova Scotia's family law section. At present, he notes, in any proceed- ing concerning care, custody, access, or visiting privileges, the act requires the court to "apply the principle that In the he's packing up his office and taking his expertise across the street to Pink Larkin, a predominantly labour and employment firm in Halifax. "We wanted Joel to come because we wanted to ensure certain skills could be imparted to our junior lawyers," said founding partner Ray Larkin. "In criminal defence, there is a higher level of defence and formality. He will help us develop this depth." Indeed, he already has. Pink, a past president of the Nova F Scotia Barristers' Society and the founding president of the Nova Scotia Criminal Lawyers' Association, has been previously retained by the 22-year-old firm when its cases also required a criminal defence. That existing connection — and familiarity with the spot- light — make the alliance a complementary one. "Criminal or as long as most people in Atlantic Canada can remember, Joel Pink has been running his own firm — and winning unwinnable criminal court cases. Now Joel Pink is crossing the street to join his brother Ron's firm. Over law is a highly public prac- tice area as is ours," said Larkin. Still, he noted, the 19-member firm has no plans to expand its criminal practice area. time, however, as junior lawyers are exposed to Pink and his practice, it may lead to growth. But, stressed Larkin, "we don't really have an ambi- tion to be a huge firm." Larkin does point out though that Pink's arrival adds further distinction to the firm. He is a fellow of the American College of Trial Lawyers, making him the third lawyer in the firm to hold this honour. Oh yes, there's also a family connection. Joel Pink's brother Ron is a founding and managing partner of Pink Larkin. — DM www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2011 7 ova Scotia wants to ensure its family law is 21st-century law. Currently the Department of the welfare of the child is the para- mount consideration." He says, "This general principle originated at a time when it needed to be stated that certain other considerations, such as questions of responsibility for the relationship breakdown, should not be paramount." Other provinces, however, have recently moved to include best inter- ests of the child. "The question has, of course, been addressed repeatedly by the courts in Nova Scotia and elsewhere, so this legislative reform may be seen as an attempt to both restate the law and reform it, particularly in relation to considerations of the impact of family violence," says Walker. Some Nova Scotia lawyers are wor- ried that these factors will promote a "cookbook" approach to arguing par- enting cases, particularly among self- represented parties, he adds. "However, the insertion of BIC factors may well be designed precisely to focus the sub- missions of increasing numbers of self- represented litigants." Another area of concern is the inclu- sion of "family violence, abuse, or intim- idation" among the elements related to the best interests of the child, says Walker. "Some worry that the inclusion of this factor will only attract more false allegations — again, particularly by self- represented parties." Walker is not worried. "On the whole," he says, "I believe the proposed language around family violence strikes a good balance in that a court considering the impact of family violence, abuse, or intimidation is then required to embark on a further enquiry into the nature and seriousness of the vio- lence, how recently and frequently it occurred, the actual harm caused, and the steps taken by the perpetrator to prevent a recurrence." — DONALEE MOULTON donalee@quantumcommunications.ca Pink