Access to Family Justice: Difference between revisions
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*The Supreme Court deserves credit for implementing specific family rules and forms in 2010. While they remain more complex than those in Provincial Court, the Supreme Court's forms are now closer to a "fill in the blanks" approach. The Supreme Court also expanded its use of ''conferences'' (there are several versions of these, but they are all generally more informal opportunities for the parties to meet with a judge who can often work out a settlement to some of the issues in dispute, and in some cases full settlement). Anyone can schedule a judicial case conference at any time, and in 2023 the court introduced a new case planning conference to give parties greater access to a judge who can help streamline and simplify their litigation. | *The Supreme Court deserves credit for implementing specific family rules and forms in 2010. While they remain more complex than those in Provincial Court, the Supreme Court's forms are now closer to a "fill in the blanks" approach. The Supreme Court also expanded its use of ''conferences'' (there are several versions of these, but they are all generally more informal opportunities for the parties to meet with a judge who can often work out a settlement to some of the issues in dispute, and in some cases full settlement). Anyone can schedule a judicial case conference at any time, and in 2023 the court introduced a new case planning conference to give parties greater access to a judge who can help streamline and simplify their litigation. | ||
*For its part, the Provincial Court has been extraordinarily active, experimenting with an ongoing and vast redesign of its approach to handling family law cases. The ''early resolution'' process at some registries has involved a major redesign of the court experience. And new Provincial Court Family Rules and forms were launched in 2021. The new rules are focused on the experience of participants, not just the needs of the court, and aim to change how court appearances work to ensure that each court appearance has a more meaningful outcome. The court has embraced the recommendations of the Action Committee on Access to Justice in Civil and Family Matters. For those whose goal is to keep a family law resource like this wikibook up-to-date, it's been hard to keep up with the Provincial Court! | *For its part, the Provincial Court has been extraordinarily active, experimenting with an ongoing and vast redesign of its approach to handling family law cases. The ''early resolution'' process at some registries has involved a major redesign of the court experience. And new Provincial Court Family Rules and forms were launched in 2021. The new rules are focused on the experience of participants, not just the needs of the court, and aim to change how court appearances work to ensure that each court appearance has a more meaningful outcome. The court has embraced the recommendations of the Action Committee on Access to Justice in Civil and Family Matters. For those whose goal is to keep a family law resource like this wikibook up-to-date, it's been hard to keep up with the Provincial Court! | ||
*Both courts deserve credit for their efforts towards ensuring transparency by explaining the specific legal wording common in family law orders that they issue, including the [https:// | *Both courts deserve credit for their efforts towards ensuring transparency by explaining the specific legal wording common in family law orders that they issue, including the [https://bit.ly/46NqDzr Provincial Court's Family Law Orders Picklist] and the [https://www.bccourts.ca/supreme_court/practice_and_procedure/sc_family_law_orders.aspx Supreme Court's Family Law Orders Picklist]. | ||
*The courts and the judges that lead them are also working more in conjunction with other policy leaders to make high-level plans for change. An initiative called the [https://transformfamilyjusticebc.ca/about/ Transform the Family Justice System Collaborative], led by Access to Justice BC (itself a collaboration among leaders from basically all the province's justice-related organizations), was launched in 2022 with the aim of transforming the family justice system in BC by focusing it on achieving family well-being. This represents a shift to focus on better outcomes for children of separated parents. | *The courts and the judges that lead them are also working more in conjunction with other policy leaders to make high-level plans for change. An initiative called the [https://transformfamilyjusticebc.ca/about/ Transform the Family Justice System Collaborative], led by Access to Justice BC (itself a collaboration among leaders from basically all the province's justice-related organizations), was launched in 2022 with the aim of transforming the family justice system in BC by focusing it on achieving family well-being. This represents a shift to focus on better outcomes for children of separated parents. | ||
*The pandemic all but forced the courts to embrace video conferencing and other remote methods for attendance. For many people, this is clearly an improvement for access to justice. Changes to both courts' rules and forms have also acknowledged that exchanging court materials by email is routine, and should be the default. | *The pandemic all but forced the courts to embrace video conferencing and other remote methods for attendance. For many people, this is clearly an improvement for access to justice. Changes to both courts' rules and forms have also acknowledged that exchanging court materials by email is routine, and should be the default. | ||
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Here are some of the steps the government in BC has taken: | Here are some of the steps the government in BC has taken: | ||
*The introduction of [https:// | *The introduction of [https://bit.ly/3SAEL90 Family Justice Centres] has been very important. These centres are staffed by Family Justice Counsellors specially trained to help families with parenting arrangements, contact with children, guardianship, and support issues. They can help parents resolve disagreements without going to court and provide short-term counselling, mediation, emergency and community referrals, along with other free services. There are 24 of these centres across the province, and virtual appointment options are available. | ||
* In 2024, the Government of British Columbia [https://news.gov.bc.ca/releases/2024AG0010-000203 announced a $29 million expansion in legal aid for individuals experiencing family violence]. A multidisciplinary, trauma-informed family law clinic model will assist people fleeing family violence. Eligibility criteria will be broader, effective 1 April 2024. This change was planned with Legal Aid BC and the Centre for Family Equity to resolve constitutional challenges to secure more responsive legal supports for single mothers experiencing family violence. | |||
*The new [https://bcfnjc.com/indigenous-justice-centres-in-british-columbia/ Indigenous Justice Centres] (IJCs) are the product of collaboration between the provincial government and the BC First Nations Justice Council. The plan is for 15 IJCs by the end of 2024, plus a Virtual Indigenous Justice Centre. This commitment to providing Indigenous families with accessible, culturally attuned legal assistance, supports the broader goal of fostering family well-being within Indigenous communities. | *The new [https://bcfnjc.com/indigenous-justice-centres-in-british-columbia/ Indigenous Justice Centres] (IJCs) are the product of collaboration between the provincial government and the BC First Nations Justice Council. The plan is for 15 IJCs by the end of 2024, plus a Virtual Indigenous Justice Centre. This commitment to providing Indigenous families with accessible, culturally attuned legal assistance, supports the broader goal of fostering family well-being within Indigenous communities. | ||
*Another noteworthy new service is the [https://justice.gov.bc.ca/apply-for-family-order/ Online FLA Assistant], which helps anyone apply for a Family Law Act order in Provincial Court. This is more than an information website. The Online FLA Assistant will ask questions and take information from self-represented litigants to assemble completed forms that can then be filed in the Provincial Court. | *Another noteworthy new service is the [https://justice.gov.bc.ca/apply-for-family-order/ Online FLA Assistant], which helps anyone apply for a Family Law Act order in Provincial Court. This is more than an information website. The Online FLA Assistant will ask questions and take information from self-represented litigants to assemble completed forms that can then be filed in the Provincial Court. | ||
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* [https://legalaid.bc.ca/legal_aid/howToApply Apply to Legal Aid BC] - Check eligibility for free legal representation. | * [https://legalaid.bc.ca/legal_aid/howToApply Apply to Legal Aid BC] - Check eligibility for free legal representation. | ||
* [https://legalaid.bc.ca/legal_aid/familyLegalAdvice Legal Aid BC's family law legal advice offerings] - Family Duty Counsel, Family Advice Lawyers, and FamilyLawLine. | * [https://legalaid.bc.ca/legal_aid/familyLegalAdvice Legal Aid BC's family law legal advice offerings] - Family Duty Counsel, Family Advice Lawyers, and FamilyLawLine. | ||
* [https:// | * [https://bit.ly/3SAEL90 Family Justice Centres] - Offering mediation, counselling, and referral services from Family Justice Counsellors. | ||
* [https://www.accessprobono.ca/program/virtual-family-mediation-program Virtual Family Mediation Project] - Free online family mediation service. | * [https://www.accessprobono.ca/program/virtual-family-mediation-program Virtual Family Mediation Project] - Free online family mediation service. | ||
* [https://www.bccollaborativerostersociety.com/pro-bono-collaborative-family-law-project/about/ Pro Bono Collaborative Family Law Project] - Free collaborative law services for eligible individuals. | * [https://www.bccollaborativerostersociety.com/pro-bono-collaborative-family-law-project/about/ Pro Bono Collaborative Family Law Project] - Free collaborative law services for eligible individuals. | ||
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* [https://www.provincialcourt.bc.ca/GoingToCourt Going to Court webpage] by BC Provincial Court - Resources for self-represented litigants in Provincial Court. | * [https://www.provincialcourt.bc.ca/GoingToCourt Going to Court webpage] by BC Provincial Court - Resources for self-represented litigants in Provincial Court. | ||
* [https://www.bccourts.ca/supreme_court/self-represented_litigants/ BC Supreme Court's information for self-represented litigants] - Guidance for navigating the BC Supreme Court. | * [https://www.bccourts.ca/supreme_court/self-represented_litigants/ BC Supreme Court's information for self-represented litigants] - Guidance for navigating the BC Supreme Court. | ||
* [https://canlii.ca/t/tcmq Family Law Handbook for Self-Represented Litigants] - A 175-page guide commissioned by the Canadian Judicial Council and prepared by the Justice Education Society. | |||
* [https://justice.gov.bc.ca/apply-for-family-order/ Online FLA Assistant] - A tool for applying for Family Law Act orders in the BC Provincial Court, assisting with the completion of necessary forms. | * [https://justice.gov.bc.ca/apply-for-family-order/ Online FLA Assistant] - A tool for applying for Family Law Act orders in the BC Provincial Court, assisting with the completion of necessary forms. | ||
* [https://justice.gov.bc.ca/divorce Online Divorce Assistant] - Facilitates the process of filing for an uncontested divorce in BC, allowing joint applicants to prepare required forms. | * [https://justice.gov.bc.ca/divorce Online Divorce Assistant] - Facilitates the process of filing for an uncontested divorce in BC, allowing joint applicants to prepare required forms. | ||
* [https:// | * [https://bit.ly/46NqDzr Provincial Court's Family Law Orders Picklist] - A comprehensive list of standardized terms for common orders in family law cases. | ||
* [https://www. | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/sc_family_law_orders.aspx Supreme Court's Family Law Orders Picklist] - Standard terms for most of the usual orders made in family cases. | ||
===Primary legislation and caselaw sources=== | ===Primary legislation and caselaw sources=== | ||
