NB Report of the Access to Family Justice Task Force
Presented to the Minister of Justice and Consumer Affairs
The Honourable Thomas
In February of 2008, Justice and Consumer Affairs Minister T.J. Burke announced the appointment of a Task Force to examine the issues and challenges faced by the Family Division of the Court of Queen’s Bench.
Led by Justice Raymond Guerette of Campbellton, the seven-member task force included Michelle Boudreau-Dumas of Campbellton; Sheila Cameron of Moncton; Jennifer Donovan of Fredericton; Mary-Eileen Flanagan of Saint John; David Lutz, Q.C. of Hampton; and Brenda Noble, Q.C. of Saint John.
The Task Force was mandated to make recommendations to government that would lead to:
More timely access to justice in resolving family law disputes;
Expanded use of alternatives to the family court to resolve family law issues; and,
Increased access to legal information and legal assistance in family law matters.
The Report of the Access to Family Justice Task Force was tabled on June 2, 2009.
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Presented to the Minister of Justice and Consumer Affairs
The Honourable Thomas
In February of 2008, Justice and Consumer Affairs Minister T.J. Burke announced the appointment of a Task Force to examine the issues and challenges faced by the Family Division of the Court of Queen’s Bench.
Led by Justice Raymond Guerette of Campbellton, the seven-member task force included Michelle Boudreau-Dumas of Campbellton; Sheila Cameron of Moncton; Jennifer Donovan of Fredericton; Mary-Eileen Flanagan of Saint John; David Lutz, Q.C. of Hampton; and Brenda Noble, Q.C. of Saint John.
The Task Force was mandated to make recommendations to government that would lead to:
More timely access to justice in resolving family law disputes;
Expanded use of alternatives to the family court to resolve family law issues; and,
Increased access to legal information and legal assistance in family law matters.
The Report of the Access to Family Justice Task Force was tabled on June 2, 2009.
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Note: Below are the recommendations. The report appears to be an exercise on “dusting off” and rearranging the court furniture and changing the “emperor’s new clothes”. In other words, it lacks true substance and brings in more bureaucracies and government agencies to the nation’s bedrooms. Note that the task force lacked equal gender representation, made no emphasis on equal parenting as a presumption, dodged fairness in child support payments, (especially, when the custodial parent makes more than the non-custodial or non-residential parent), and the mention of parental alienation was like a ”flash in the pan”.
The report may be a start in the right direction but not as impressive as the photo op of the task force members.
I would like to hear your comments on this report.
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APPENDIX A: SUMMARY OF RECOMMENDATIONS
1. Endorse the Department of Social Development’s new model for resolution of child protection matters.
2. Create a separate court docket for child protection matters.
3. Create a separate Rule of Court for child protection matters.
4. Create benchmarks for process timelines.
5. Reduce the number of non-parent parties represented in child protection matters.
6. Implement legislative changes to:
a. define “all interested persons”
b. add a section on evidentiary requirements to the Family Services Act.
7. Implement settlement conferences as a precursor to trial.
8. In the very rare case where a child requires legal representation, it shall be provided by the Child and Youth Advocate.
9. The Family Services Act requires amendment to clearly define when it is appropriate to appoint legal representation for a child.
10. Provide public information and mandatory education regarding child and spousal
support.
11. Revise Rules 72 and 73 and the Family Court forms.
12. Create standard forms of orders to provide greater consistency.
13. Implement the new paradigm to provide a lean and fair system.
14. Implement a child/spousal support recalculation service.
15. Provide consensual dispute resolution options as alternatives to litigation in support matters.
16. Implement “Status of the Child” reports for child support files.
17. Provide public information and mandatory education regarding custody and access.
18. Implement a triage system of case management.
19. Expand and enhance the role of court social workers.
20. Provide consensual dispute resolution options for custody matters as alternatives to litigation.
21. Empower deputy sheriffs to enforce court orders.
22. Replace affidavits with a claim for relief in custody matters.
23. Revise Rule 72, Rule 73 and the Family Court forms.
24. Adopt higher threshold financial criteria for determining eligibility for Domestic Legal Aid, as recommended by the Review Panel.
25. Intake of clients should be done by Domestic Legal Aid lawyers who assist in the choice of process for dispute resolution.
26. Allow access to Domestic Legal Aid services for all components of a family law file.
27. Transfer support enforcement legal work to the Attorney General’s office.
28. Provide more Domestic Legal Aid staff and/or contractual lawyers.
29. A staff psychologist should be attached to the Court to prepare custody and access assessments.
30. Create a standard request form for psychological assessments.
31. Educate legal professionals at every stage of their careers in interest-based negotiation.
32. Introduce collaborative family law into the new model for child protection matters.
Report of the Access to Family Justice Task Force 61
33. Implement changes to Domestic Legal Aid to permit mediators more time to mediate.
34. Invest in administrative support, professional development and continuing education for mediators.
35. Establish mandatory courses at law schools and bar admission courses in interestbased negotiation.
36. Offer continuing education for judges and lawyers in a full range of dispute resolution processes.
37. Create new forms for Family Court in conjunction with the new paradigm.
38. Affidavits should be shorter and non-inflammatory and filed only after other forms of dispute resolution have been attempted.
39. Develop Rules to govern other dispute-resolution processes.
40. Adopt or create standard forms of court orders.
41. Make and enforce meaningful awards of costs.
42. Create a standing rules committee chaired by the Associate Chief Justice for Family Division.
43. Immediately appoint an Associate Chief Justice for Family Court.
44. Appoint three new Family Court judges.
45. Appoint masters to each judicial district.
46. Create and implement a province-wide computerized case management system.
47. Appoint a chief financial officer to be responsible for the budget and financial
management of the Court system.
48. Ensure a sufficient number of skilled administrative support staff.
49. Implement a workload assessment
Read full report PDF
1. Endorse the Department of Social Development’s new model for resolution of child protection matters.
2. Create a separate court docket for child protection matters.
3. Create a separate Rule of Court for child protection matters.
4. Create benchmarks for process timelines.
5. Reduce the number of non-parent parties represented in child protection matters.
6. Implement legislative changes to:
a. define “all interested persons”
b. add a section on evidentiary requirements to the Family Services Act.
7. Implement settlement conferences as a precursor to trial.
8. In the very rare case where a child requires legal representation, it shall be provided by the Child and Youth Advocate.
9. The Family Services Act requires amendment to clearly define when it is appropriate to appoint legal representation for a child.
10. Provide public information and mandatory education regarding child and spousal
support.
11. Revise Rules 72 and 73 and the Family Court forms.
12. Create standard forms of orders to provide greater consistency.
13. Implement the new paradigm to provide a lean and fair system.
14. Implement a child/spousal support recalculation service.
15. Provide consensual dispute resolution options as alternatives to litigation in support matters.
16. Implement “Status of the Child” reports for child support files.
17. Provide public information and mandatory education regarding custody and access.
18. Implement a triage system of case management.
19. Expand and enhance the role of court social workers.
20. Provide consensual dispute resolution options for custody matters as alternatives to litigation.
21. Empower deputy sheriffs to enforce court orders.
22. Replace affidavits with a claim for relief in custody matters.
23. Revise Rule 72, Rule 73 and the Family Court forms.
24. Adopt higher threshold financial criteria for determining eligibility for Domestic Legal Aid, as recommended by the Review Panel.
25. Intake of clients should be done by Domestic Legal Aid lawyers who assist in the choice of process for dispute resolution.
26. Allow access to Domestic Legal Aid services for all components of a family law file.
27. Transfer support enforcement legal work to the Attorney General’s office.
28. Provide more Domestic Legal Aid staff and/or contractual lawyers.
29. A staff psychologist should be attached to the Court to prepare custody and access assessments.
30. Create a standard request form for psychological assessments.
31. Educate legal professionals at every stage of their careers in interest-based negotiation.
32. Introduce collaborative family law into the new model for child protection matters.
Report of the Access to Family Justice Task Force 61
33. Implement changes to Domestic Legal Aid to permit mediators more time to mediate.
34. Invest in administrative support, professional development and continuing education for mediators.
35. Establish mandatory courses at law schools and bar admission courses in interestbased negotiation.
36. Offer continuing education for judges and lawyers in a full range of dispute resolution processes.
37. Create new forms for Family Court in conjunction with the new paradigm.
38. Affidavits should be shorter and non-inflammatory and filed only after other forms of dispute resolution have been attempted.
39. Develop Rules to govern other dispute-resolution processes.
40. Adopt or create standard forms of court orders.
41. Make and enforce meaningful awards of costs.
42. Create a standing rules committee chaired by the Associate Chief Justice for Family Division.
43. Immediately appoint an Associate Chief Justice for Family Court.
44. Appoint three new Family Court judges.
45. Appoint masters to each judicial district.
46. Create and implement a province-wide computerized case management system.
47. Appoint a chief financial officer to be responsible for the budget and financial
management of the Court system.
48. Ensure a sufficient number of skilled administrative support staff.
49. Implement a workload assessment
Read full report PDF
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