By: Lorne Bertrand
PDF Version: Comparing the Views of Alberta Judges and Lawyers with Those in the Rest of Canada on Selected Family Law Issues
Report Commented On: Canadian Research Institute for Law and the Family, Comparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self-represented Litigants and Mediation (2016)
The Canadian Research Institute for Law and the Family recently released a report that compares the views of Alberta judges and family law lawyers with legal professionals in the rest of Canada on parenting after separation, self-represented litigants, access to justice, and mediation. The report, written by John-Paul Boyd and myself, presents the findings of a survey conducted at the 2014 National Family Law Program in Whistler, B.C., and provides recommendations in several areas including:
- the language used in the Divorce Act, RSC 1985, c 3 (2nd Supp), with respect to the care of children;
- the provision of unbundled legal services to promote access to justice;
- the use of mandatory mediation where at least one party is self-represented;
- the provision of limited legal services in family law matters by paralegals; and
- the use of standardized questionnaires by lawyers screening for family violence.
The report notes some striking differences between the views and experiences of Alberta practitioners and those from elsewhere in Canada.