By Lou Lamari, Articling Student-at-Law (University of Manitoba Faculty of Law)
Access to justice in family law is a growing concern across Canada, especially as families navigate unfamiliar legal systems during some of the most challenging times in their lives. From October 9-11, 2023, I attended the Canadian Institute for the Administration of Justice (CIAJ) conference in Winnipeg, titled “Families and the Law.” The event brought together lawyers, judges, academics, and other professionals whose work impacts family law across the country. This blog highlights key discussions from the conference, showcasing efforts to make the legal system more accessible and responsive to families’ needs.
A family court judge noted how family law disputes can deeply affect litigants’ identities. When people go to court, the outcome can reshape their role within the family. While litigants often view fairness in terms of the result, judges focus on procedural fairness. This disconnect, combined with lengthy processes that add time and cost, can strain relationships and impact mental well-being.
To improve access to justice, he argued that family law processes need to be quicker and more accessible. Although settlement conferences, guided by tools like the federal child support tables, have helped frame negotiations, many jurisdictions still lack simple pathways for resolving disputes. People need affordable, streamlined dispute resolution options that don’t come with the fear of high costs, delays, or avoidable harm.
Another presentation addressed child poverty in Canada, explaining how family law remedies are limited in reducing it. For low-income parents, child support only has a modest impact, as payors are often also poor. In many cases, family courts simply redistribute poverty from one spouse to another. Reducing child poverty requires government intervention, not just court orders. This is evident in the effect of the Canada Emergency Response Benefit (CERB) in 2020, which significantly reduced child poverty. When CERB ended in 2021, poverty rates increased again.
The Court of King’s Bench in Alberta has adopted the Reforming the Family Justice System Theory of Change in its strategic plan and recently announced a new pilot project in Grande Prairie. The speaker noted that big calls for change are often met with incremental adjustments, when what is needed is a complete overhaul. This shift must move away from an adversarial model and focus on well-being, especially for children. One challenge is maintaining the current system while transforming it. Successful paradigm shifts often arise when new evidence reveals the harms of the old system. For example, the shift to mandating seatbelts was driven by evidence of their benefits. In family law, brain science now supports moving away from adversarial processes, particularly to protect children’s neural development.
This project increases the use of non-adversarial processes in family matters, supported by cross-sector collaboration. The goal is to resolve simpler issues outside of court, reducing stress on families and easing the court backlog. Meanwhile, the courts can focus on more complex issues that require judicial attention.
More information on the project in Grande Prairie can be found here.
A unique presentation came from a small firm in Alberta that received a waiver from their Law Society through an Innovation Sandbox, allowing them to offer joint retainers to couples during a divorce. Inspired by a model used in the UK, the “One Lawyer” system enables the lawyer to represent both spouses with one flat fee, offering neutral, impartial legal advice and a streamlined process. While not all cases are suitable, those that are eligible can often be completed in 6-8 weeks. Clients also receive support from an in-house client relations specialist, whose services are included in the flat fee. Their website can be found here.
Finally, a presentation from Manitoba’s First Nations Family Advocate Office (FNFAO) addressed the disproportionate number of Indigenous children in care. The FNFAO, established in 2015 by the Assembly of Manitoba Chiefs, advocates for First Nations families involved with or at risk of involvement with Child and Family Services. Their guiding principles include prevention, protecting cultural identity, reclaiming traditional parenting, and transitioning to a First Nations-led system of care. They focus on reuniting and strengthening families, while ensuring child safety remains paramount. Removal from extended family and community is considered only after all alternatives are exhausted. More information can be found here.
The “Families and the Law” conference highlighted the diverse challenges and innovations in family law across Canada. The event showcased efforts to create a more responsive and accessible system, underscoring the need for continued reform, particularly to better support families and protect children. As family law evolves, collaborative approaches and community involvement will be crucial to meeting the changing needs of Canadian families.