Access to
Justice in Family Law Matters: Results of a Survey of Family Court Professionals (PDF) Michael Saini, February, 2017
Not exact matches
BC Supreme Court Chief
Justice Robert Bauman has approved
in principle the
Law Society's proposal that supervised paralegals be granted limited right of audience in certain matters in family law proceedin
Law Society's proposal that supervised paralegals be granted limited right of audience
in certain
matters in family law proceedin
law proceedings.
Flat - fee billing would be a great leap forward for access to
justice in litigated personal plight
matters such as
family law.
I suspect that the real heavy lifting
in enhancing access to
justice is a
matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil
law issues (something that actually already exists
in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a
family law trial), and so on.
As we deliberate on the barriers to
justice and explore avenues of improvement
in the age of the litigant without counsel, it seems to me that we need some degree of resolution to the debate on the extent to which complexity
in family law matters is necessary or desirable, and the extent to which complexity is compatible with an accessible system of
family justice.
The Ontario Superior Court of
Justice recently had the opportunity to review a lawyer's role
in the collaborative process when the husband
in a
family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.
Law reform commissions as well as self - standing initiatives such as the National Action Committee on Access to
Justice in Civil and
Family Matters have made this sort of rethinking a priority for moving forward.
As revealed
in the Ministry of
Justice (MoJ) green paper last November, the bill removes legal aid from most
family law matters, education
law, housing (except where there is a threat of homelessness), personal injury, clinical negligence, employment, immigration (except for detention cases) and social welfare
law.
Justice Unlocked is a 501 (c)(3) organization dedicated to assisting clients
in matters of criminal defense,
family law, sexual assault, domestic violence, landlord tenant
law, small claims, and offers a pro se plus package.
But
law societies are expanding the field of professionals they authorize to give legal advice: see the Report of the Access to Legal Services Working Group, May, 2012, of the Action Committee on Access to
Justice in Civil and
Family Matters.
Pretty much every report on self - represented litigants, from the work of the Canadian Research Institute for
Law and the
Family to the Action Committee on Access to
Justice in Civil and Family Matters to the CBA's Envisioning Equal Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessible j
Justice in Civil and
Family Matters to the CBA's Envisioning Equal
Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessible j
Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessible
justicejustice.
The national Action Committee on Access to
Justice in Civil and
Family Matters notes
in its final report that only about 6.5 % of legal problems ever make it to court, but it is unlikely
in the extreme that so many of the people with high school diplomas or less are bundled into the 93.5 % who manage to resolve their legal issues outside of court, especially when we know that for people with low incomes, legal issues tend not come one at a time but cluster and multiply into other areas of the
law.
The Ministry of
Justice operates the
Family Law Information Centre and Support Variation Project to help individuals obtain assistance in dealing with their family law ma
Family Law Information Centre and Support Variation Project to help individuals obtain assistance in dealing with their family law matte
Law Information Centre and Support Variation Project to help individuals obtain assistance
in dealing with their
family law ma
family law matte
law matters.
Professional membership: he is a member of Resolution, an organisation which believes
in a constructive, non-confrontational approach to
family law matters and campaigns for improvements to the
family justice system.
The Ontario Court of
Justice hears more than 200,000 criminal cases
in addition to millions of provincial offence
matters and
in excess of 20,000
family law cases every year.
I think we've reached consensus on this point, as the truckload of recent reports from the national Action Committee on Access to
Justice in Civil and
Family Matters, the Canadian Bar Association and a handful of
law societies seems to suggest.
The Society is engaged
in similar dialogue at the national level, through the Federation of
Law Societies of Canada, which is working to improve access to legal services, and with groups such as the Canadian Forum on Civil
Justice and the National Action Committee on Access to
Justice in Civil and
Family Matters.
Parties
in the
family law justice system are required to attend at a settlement conference prior to having their
matter placed on a trial list.
At least a person trying to start a
family law action
in Toronto only needs to know one set of rules, no
matter whether she is
in the Court of
Justice or the Superior Court of
Justice.
Sam Jubran specializes
in litigating complex
family law matters, personal injury cases and criminal
justice.
The Ontario Superior Court of
Justice recently had the opportunity to review a lawyer's role
in the collaborative process when the husband
in a
family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith
in the fulfilment of the obligations assumed by States
in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples,
in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising,
in particular, their right to development
in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed
in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and
in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development
in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing
in particular the right of indigenous
families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed
in treaties, agreements and other constructive arrangements between States and indigenous peoples are,
in some situations,
matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing
in mind that nothing
in this Declaration may be used to deny any peoples their right to self - determination, exercised
in conformity with international
law, Convinced that the recognition of the rights of indigenous peoples
in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of
justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments,
in particular those related to human rights,
in consultation and cooperation with the peoples concerned,