Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 8 7 N ew Brunswick is expanding a pilot program that has been shown to reduce wait times for family court and decrease the overall amount of time spent in court. "This model seeks to simplify the legal process and wait times as well as the number of issues that ultimately need to be resolved before a judge," says Justice and Public Safety spokes- woman Danielle Elliott in Fredericton. The Family Case Management Model, first announced by the provincial govern- ment in the 2009 throne speech, has been up and running in Saint John where it reduced wait times for first appearances to weeks or even days from months. The model also helped decrease court time by limiting the scope of final matters for resolution. Every month, between 600 and 700 clients in Saint John receive assis- tance from these services. "Final resolution of all matters can still take some time, but interim measures are established right up front. This limits dis- ruption to families during difficult times," says Elliott. "Overall, this helps families move on with their lives, quickly and with less financial impact." Justice and Public Safety Minister Denis Landry has announced that the government will invest $650,000 to expand the program to Moncton. The money will be spent to hire six staff members, including lawyers to provide mediation and legal advice, a hearing officer and a triage co-ordinator. The streamlined process program introduces many efficiencies, notes Elliott. The use of case management mas- ters is intended to reduce wait times and the number of issues that ultimately need to be resolved before a judge. The main components of the model include triage co-ordinators, onsite mediation services, onsite access to a lawyer to obtain general legal advice and a comprehensive onsite family law information centre. Through these services, families are expected to be better equipped to address their most pressing needs, including custody, access and support payments. "By narrowing the issues and ensuring the file is court-ready, the likelihood of avoidable adjournments is reduced and the amount of expensive court time more effectively controlled," says Elliott. In addition, the service delivery model is designed to reduce wait times for first appearances in family court where many of the key issues, such as interim custody, access, possession of the home and sup- port, are addressed. Establishing these interim measures at an early point helps limit the disruption to families. Originally based on a model imple- mented in Ottawa, the program has been tailored not just for the entire province of New Brunswick but for the two specific regions where it is avail- able, but the number of communities with access is expected to grow. — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ W E S T NB expands family court program T he Nova Scotia government is rewriting history. Last year, the govern- ment announced it would invest more than $2.6 million over two years to help residents in East Preston, North Preston, Cherry Brook, Lincolnville and Sunnyville finally get clear title to land they own and on which they live. Now, Nova Scotia Legal Aid is hiring two lawyers from African Nova Scotian communities who will provide dedicated service on these files. According to NSLA, these lawyers will operate independently of government and provide confidential solicitor services. Those services include: helping clients obtain a certificate of title under the Land Titles Clarification Act; ensuring migration under the legislation; working on court-ordered declarations and negotiation between private parties; and assisting with applications under the Probate Act/Intestate Succession Act. The issue of land ownership in the five communities dates back to the 1800s when Black Loyalists were given land in the North Preston area but not the deeds to those properties (unlike white settlers). Two centuries later, many homeowners do not have clear title to their property even though the land has been in the family in some cases for as long as 200 years. According to the North Preston Land Recovery Initiative, approximately one-third of properties in the community of roughly 3,700 are not legally deeded to residents even though they pay taxes on those properties. In 1963, a legislative process was put in place to clear up land title and land ownership issues for residents in 13 communi- ties across the province. Residents in these Land Titles Clarification areas could come forward and provide information to the government about how they (or those from whom they inherited or bought the land) had used and occupied the land for at least 20 years. However, the process proved to be time-consuming and expensive, in some cases taking years and costing what residents were told would be at least $10,000. – DM AFRICAN NS COMMUNITIES GET LAND TITLE CLARIFIED

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