Sunday, 30 September 2012

The Self-Represented Litigant's Bill of Rights ...and Responsibilities

Today I've launched a new page in this blog, The Self-Represented Litigant's Bill of Rights ...and Responsibilities, to which you'll find a link in the list at the upper right-hand portion of this page with a much briefer title, "The Litigant's Bill of Rights."The purpose of the page is to describe the expectations self-represented persons ought to have of the people they meet on the way through a court proceeding: the court staff who assist in court processes, the lawyers who may act for the other parties, and the judges and masters who hear case...

Saturday, 29 September 2012

Alberta Associate Chief Justice Releases Dissertation on Maverick Litigants

Associate Chief Justice Rooke of the Alberta Court of Queen's Bench has just published his decision in Meads v. Meads. This decision is remarkable and should be, I suggest, required reading for judges, lawyers, court administrators and court clerks across the country.The judgment in Meads is a treatise, a manifesto and a cri de coeur addressing a certain sort of disaffected, maverick litigant which has been clogging up Canada's courts with contrived, pseudolegal arguments and irrational, histrionic demands for a number of years. Mr. Justice Rooke's...

Wednesday, 19 September 2012

The Cleavers Are Moving Out: StatsCan reports on the changing face of the Canadian family

Statistics Canada has published the results of the 2011 Census, and its analysis of the changing makeup of the Canadian family is worthy of note. As CBC's article on the analysis pithily notes, "the nuclear family is no longer the norm in Canada." The newsbite summary of Statistics Canada's conclusions says this:Married-couple families were the predominant family structure in 2011, at 67.0%. For the first time, there were more common-law-couple families in 2011, 16.7%, than lone-parent families, 16.3%.The 2011 Census of Population counted 64,575...

Sunday, 16 September 2012

Supreme Court Releases Decision on the Naming of Children

On Friday, the Supreme Court released its decision in Landa-McAuliffe v. Boland which addresses, among other things, the factors the court should take into account when being asked to name a child. The factual background behind this aspect of the case is neatly summarized by the court itself:[14] Briefly, Ms. Boland changed [the child's] name from “____ ____ ____ Landa” to “____ ____ ____ Boland Landa” in order to include her own surname. She appears to have sought this change under s. 4 of the Name Act, R.S.B.C. 1996, c. 328. That...

Thursday, 13 September 2012

Family Law Act: Law Society Task Force Releases Practice Requirements, Government Announces No Fall Sitting

Proposed Practice Requirements On Friday 7 September 2012, the Law Society's Family Law Task Force released its recommendations (PDF) on the qualifications lawyers should be required to have before being able to practice as family law arbitrators, family law mediators and parenting coordinators as provided under the new Family Law Act. The proposed qualifications are rigourous, and, I suspect, appropriately so.Family Law ArbitratorsThe Task Force recommends that lawyers practicing as family law arbitrators have 10 years of practice...

Friday, 7 September 2012

Access Pro Bono Drop-In Legal Advice Events

Access Pro Bono's annual open-air legal advice event is running today in Vancouver from 10:00am to 5:00pm at Victory Square Park, at 200 West Hastings Street. The free event is intended to facilitate access to justice for low- and modest-income people, including the homeless, on all legal issues and to raise money to support the organization's programs through pledges raised by the volunteer lawyers.The even repeats in New Westminster from 10:00am to 2:00pm on 11 September 2012 at Hyack Square, in Kelowna from 10:00am to 2:00pm on 14 September...

Tuesday, 4 September 2012

Trio Tie the Knot in Brazil

CNN reports that a public notary in Brazil has "set off a firestorm" by granting a civil union registration to a trio composed of one man and two women. According to the article, the three live together and love one another like persons in any other cohabiting relationship, and granting the registration will give the trio the legal benefits of marriage and recognition as a family unit.This raises of course, a question that has been waiting to be raised in British Columbia for some time now. The Family Relations Act defines "spouse" as including...