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32 www.canadianlawyermag.com Lawyers convey to Zena Olijnyk the case for unifying Canada's two-level system for dealing with family matters like divorce and child support Easing separation by unifying family courts VANCOUVER-BASED family law lawyer Marcus Sixta of Crossroads Law has seen the potential damage that delays in the court system can cause to parents and their children. "We have examples within our office where clients who have good cases for increased parenting time have seen things put off for many, many months, which means they are not able to see their children on a more regular basis or for an extended period," he says. "That not only impacts [the clients] personally but also affects their relationship with their children in the long term." Another part of the problem is that in most areas of Canada, two different courts – federal and provincial – deal with family law issues. This can create confusion, inefficiencies, higher costs, and delays that hurt families during a breakdown, especially for self-represented litigants without a lawyer to help guide them. He describes the system for dealing with family law in BC and Alberta, where he is licensed to practise, as being in a "state of crisis," especially if cases are deemed "non- urgent." He notes that family law cases in Alberta are already booking well into 2025. Sixta says a unified family court system that brings these two courts together could likely settle family law cases sooner. These court systems, first piloted in the 1970s, specialize in family law issues in one place and provide families with additional support services. However, Sixta or his clients are not eligible for that option. That's because BC LEGAL REPORT FAMILY LAW and Alberta (along with Quebec) don't have a unified family court system, unlike Prince Edward Island, New Brunswick, and Nova Scotia, which do, or even a partially unified family court, like Manitoba, Saskatchewan, Ontario, and Newfoundland and Labrador. According to an Advocates' Society report released in June, the unified family court model should be implemented across Canada to alleviate the crisis in a court system that is supposed to resolve disputes surrounding divorce and family breakdown. "Family law goes to the heart of Canadian society because it affects the health, safety, and well-being of families and children," says Sheila Gibb, a partner at Epstein Cole LLP in Toronto, treasurer of The Advocates' Society, and chair of its UFC task force. Jennifer Gold, a partner with Wood Gold LLP in Brampton – a part of Ontario that doesn't have a UFC in place – says it is "difficult to explain" to clients why resolving their family law case can take so long. She points to a recent case where she could get a date for a case conference within three or four months of asking, "but then we were told the next available date was a year away." The two levels of jurisdiction in most provinces that lawyers and litigants have to navigate "is a complex system," she says, and is even more challenging with the increasing number of self-represented litigants. "Our court system is designed for lawyers and judges, not for lay people trying to represent themselves," Gold says, noting that affording a lawyer or accessing legal aid is becoming more difficult, leading to more people representing themselves in court on family matters. Also, many perceive family law issues and conflict resolution as simple, Gold says. "They underestimate the complexities. They may think they can represent themselves, but at the end of the day, they experience challenges, leading to further delays that backlog the system. So, it's a vicious cycle." Shannon Beddoe, who practises family law at McCarthy Hansen & Company LLP "Our court system is designed for lawyers and judges, not for lay people trying to represent themselves" Jennifer Gold, Wood Gold LLP