Canadian Lawyer

October 2024

The most widely read magazine for Canadian lawyers

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34 www.canadianlawyermag.com Family law lawyers point out that a unified family court would allow for using judges who have expertise in this practice area as well as skills in areas such as child development, family dynamics, gender bias, family violence, substance abuse, child abuse, sexual violence, coercive control, and the psychological consequences of family breakdown. Geoffrey Carpenter, a family law practitioner and Law Society of Ontario- certified specialist in this area, typically deals with courts in the Halton and Peel regions of Ontario, both of which do not have a UFC system, and Hamilton, which does. "I see a significant difference in the two systems I have experienced. The unified family court has significant advantages because the judges are family law specialists, and the court is set up to handle family law." Carpenter adds that a case management system allows the same judge to handle all steps of the case. And there is a more integrated alternative dispute resolution model. "And when there is overlap in the jurisdictions, there's a huge benefit in having one place to sort it out." Says Carpenter: "There are huge advantages to a unified family court – you'd have difficulty finding a family law lawyer who would not prefer such a model. It is a significantly better process, both in terms of ensuring that we have expert subject matter and expert judges and in terms of being more intelligently designed." Carpenter points out the challenges in unifying the current system to create one unified family court. Staffing issues are one concern, as the different pensions and salaries for judges and other court employees would need to be integrated into one system. He feels that governments are responsive to the idea, but the logistics are challenging, and other parts of the court system could also use reform. But these challenges are all surmountable. As Gibb of The Advocates' Society says: "We know we can do it because we have already done it in some parts of Canada." LEGAL REPORT FAMILY LAW court systems and the time that goes into navigating through them can be stressful for unrepresented litigants and even trained family law practitioners. This adds more time and resources to settling things and can be used strategically when there is an unequal balance between the parties, and one wants to inflict pain on their ex. Canada's Divorce Act is a federal statute that regulates divorce, parenting, and financial support claims. Each province also has legislation governing property division, parenting, support claims for married and unmarried couples, and adoption and child protection. Federal and provincial laws allocate jurisdiction over specific family law matters to different courts. Superior courts hear divorce claims and property division; claims regarding spousal support, child support, and parenting, among others, may be heard by either superior or provincial courts, or sometimes both. Provincial courts hear child protection matters. PROVINCE Number oF UFCs LOCATIONS British Columbia 0 None Alberta 0 None Saskatchewan 3 Saskatoon, Regina, Prince Albert Manitoba 4 Winnipeg, Brandon, Dauphin, Portage La Prairie Ontario 25 Barrie, Belleville, Bracebridge, Brockville, Cayuga, Cobourg, Cornwall, Hamilton, Kingston, Kitchener, L'Orignal, Lindsay, London, Napanee, Newmarket, Oshawa, Ottawa, Peterborough, Pembroke, Perth, Picton, St. Catharines, St. Thomas, Simcoe, Welland Quebec 0 None New Brunswick 8 Bathurst/Tracadie, Campbellton, Edmuston, Fredericton, Miramichi, Moncton, Saint John, Woodstock Nova Scotia 12 Amherst, Annapolis Royal, Antigonish, Bridgewater, Digby, Halifax, Kentville, Sydney, Pictou, Port Hawkesbury, Truro, Yarmouth Newfoundland 2 Corner Brook, St. John's Prince Edward Island 3 Charlottetown, Georgetown, Summerside CANADA'S PATCHY UNIFIED FAMILY COURT SYSTEM UNIFIED FAMILY COURTS — MORE THAN "ONE- STOP SHOPPING" The Advocates' Society report argues UFCs would improve access to justice for family law litigants by providing litigants with specialized judges who have training and expertise in family law, adapting court procedures to fit the unique needs of families, ensuring early triage to prevent litigation when appropriate, encouraging early intervention and non-adversarial dispute resolution, and case management when appropriate.

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