Canadian Lawyer

RegionAl wRAp-up AtLANtIC postcards from the edge T he Nova Scotia Barristers' Society has released a new booklet that explores the discrimination and difficulties female lawyers are facing today. "We wanted to remind the profession this is still an issue, and for women going through this, we wanted them to know they are gender equity committee and covered an issue inspired by the experiences highlighted in the postcards. Sometimes those experiences conveyed a straightforward message: think before you tell a joke, for example. In other cases, says Halpern, the issues were more complex and serious including incidences of sexual harassment. "Twenty- five to 30 per cent of the postcards talked about harassment," she notes. The articles in the booklet provide an important perspective for both men and women in the legal profession. "We hope they spark discussion," says Halpern. "We want to break the silence that still exists." — DM FAMILY LAW UNDER THE MICROSCOPE n not alone," says NSBS equity officer Emma Halpern. The seeds of the new booklet, "It will be Our Little Secret," were sown three years ago when the society's gender equity committee launched a postcard campaign to raise awareness about discrimination against women in the profession. "We were hearing anecdotal stories about discrimination, but there were no formal complaints," notes Halpern. "Many people believed there was no problem. We wanted to capture stories in an anonymous way." More than 50 postcards, detailing personal experiences, were returned to the committee. These then flowered into a series of articles published last year in the society's online newsletter. Each article was written by a member of the "it will be our little Secret" is available online at tinyurl.com/nSpostcards. 8 M ay 2013 www.CANADIAN L a w ye r m a g . c o m ova Scotia has amended its Maintenance and Custody Act to make it more modern, more in keeping with what is happening elsewhere in the country, and more understandable for those couples looking to move forward without a lawyer. "We're giving people enough information if they want to come to an agreement themselves," says Tilly Pillay, executive director of legal services with the provincial justice department in Halifax. Adds Allyson O'Shea, a senior policy analyst with the department, "We were hoping to make the legislation more readable and accessible for self-represented litigants." The legislative changes, now in effect, include a list of 12 factors for courts to consider when assessing the best interests of a child. Among those are who took care of the child's physical, emotional, social, and education needs in the past, and who has done so since the separation; a parent's willingness to support and maintain the child's relationship with the other parent; and the strength and stability of each parent's relationship with the child. The amended act also added additional criteria to be considered when family violence is a factor, notes O'Shea. Now the courts are required to consider the impact of any family violence, abuse, or intimidation when assessing the best interests of a child. At the same time, a "maximum contact rule" has been included in the legislation that states a child should have as much contact as possible with each parent, as long as it is in the best interests of the child. The new Maintenance and Custody Act is a beginning, not an end. Nova Scotia launched a multi-year review of family laws in 2011, and the recent amendments conclude the first phase. The Department of Justice's Family Law Reform Project is ultimately intended to update the laws, clarify them, and bring them more in line with other Canadian jurisdictions. Phase two of the project, which focuses on a more substantive review of the act including a closer look at enforcement, is now under way. — DoNALee MouLtoN donalee@quantumcommunications.ca

• Cover