Slight Increase in Funding for Legal Aid

The Attorney General has announced a slight increasing in funding for the Legal Services Society, the organization that provides legal aid in British Columbia. According to the press release, additional funds of $2.1 million, which I calculate to amount to 3% of the society's present budget, are meant to

"assist families with emergency family matters related to custody or access, as well as to provide for representation for parents with children in the custody of the Ministry of Children and Family Development."

Although I'm happy for any increasing in funding at all, the categories of service the funds are earmarked for are existing categories. In fact, they're all that's left of legal aid services for family law matters since the eviscerating budget cuts of 2001.

The Times Colonist has published an article on the Attorney General's announcement that talks about the underfunding of legal aid in a little more depth.

Update: 4 January 2012

The Trial Lawyers Association of BC is protesting the continued underfunding of legal by its members withdrawing from duty counsel services throughout the province for the week. Says the TLABC on its website:

"The Battle for Legal Aid in BC has entered a crucial new phase, as the first wave of Duty Counsel service withdrawals is now in effect. The service withdrawals will be conducted as a four-part escalating series, with counsel standing down for the first week of January, two weeks in February, three weeks in March and all of April. Further forms of so-called job action are already being evaluated."

Read the CBC's report on the TLABC's action, or visit the CBA British Columbia's We Need Legal Aid website.

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Justice Education Society Launches Online Parenting After Separation Program

On 21 March 2011 the Justice Education Society, formerly the Law Courts Education Society, launched an online version of the Parenting After Separation program, available through the Families Change website. I've taken a look at the online PAS program and it's a pretty impressive effort. Even more impressively, JES says that they're expecting to have a similar online program available in Punjabi and Cantonese or Mandarin by the end of April.

The PAS program is a mandatory part of the court process in the Abbotsford, Campbell River, Chilliwack, Courtney, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver, Vernon and Victoria registries of the provincial court. It is intended to teach parents about how children experience separation, how parents can protect children from the conflict, and how parents can make decisions which put their children's interests first. I recommend the program to all parents who are thinking of separating, not just those involved in litigation in the provincial court.

The Attorney General's website has a list of locations (PDF) where the PAS program is offered live, a brochure (PDF) for the program, and the program handbook in English, French, Chinese and Punjabi (PDF).

Update: 25 March 2011

And the news gets better yet. JES is looking for people to evaluate their online Parenting After Separation program. The first fifty people will be paid $50 for completing the online program, including the final exam, and filling out an evaluation form.

This is how it works:

1. visit www.familieschange.ca starting today,
2. click on the icon for the online Parenting After Separation program,
3. click the REGISTER button and provide your name and telephone number,
4. complete the course and take the final exam,
5. fill out the online evaluation form after the final exam, and
6. answer a few follow questions by telephone and provide a mailing address for your cheque.

Please address any questions to Kevin Smith at kevin.smith@justiceeducation.ca.

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Canada's Chief Justice Comments on Access to Justice

Chief Justice Beverly McLachlin, a former luminary of the British Columbia bench and Canada's top judge since 2000, has made some important remarks about the accessibility of the justice system at a University of Toronto legal conference which have been loudly reported by the Globe and Mail and CBC.

Her Ladyship's comments were focused on the high cost of legal services, the inadequacy of legal aid services, and the monopoly lawyers have over the practice law. To quote from Kirk Makin's excellent article in the Globe:

“Do we have adequate access to justice?” she asked a University of Toronto conference on the problem. “It seems to me that the answer is no. We have wonderful justice for corporations and for the wealthy. But the middle class and the poor may not be able to access our justice system.”

These problems are particularly acute for middle- and low-income earners involved in family law proceedings in British Columbia. Middle-income families often wind up sacrificing the family home on lawyer's fees if a settlement cannot be reached in relatively short order. Low-income families often don't have the luxury of hiring counsel at all, and given the state of the cutbacks to legal aid imposed by Gordon Campbell's government in 2002, legal aid for family law problems is available only in emergency circumstances and for a limited retainer.

I agree with the Chief Justice's comments, but I'm not sure what can be done to correct the problem.

For low-income families, it seems imperative that full funding be restored to the Legal Services Society, but that's only a starting point and requires a very significant, if not prohibitive, budgetary commitment on the part of the provincial government.

For low- and middle-income families, I think we need to focus on two things. First, we need to have the basics of family law and family responsibilities taught in high school so that people enter the legal process from an informed position at least vaguely aware of their rights and duties as parents, spouses and litigants. Second, we need to move from the presumption enshrined in the Divorce Act and the Family Relations Act that court is the default setting for dispute resolution. Negotiation, mediation and collaborative law are generally faster and cheaper means of resolving family law disputes, and are arguably more effective in the long run; they should be where we turn first to find a resolution, and court should be reserved for emergencies, irresolvable disputes, cases involving abduction and threats, and cases involving domestic violence.

It goes without saying that more lawyers need to spend more time on pro bono clients. This however is a matter of individual choice and availability, and not an adequate reply to a problem which is fundamentally systemic.

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Parenting Coordinators Update Roster List

The BC Parenting Coordinators Roster Society has expanded its roster. The society now boasts a total of 34 accredited parenting coordinators and improved availability across the province, with members practicing in:

• Cranbrook
• Fort St. John
• Kelowna
• Nanaimo
• North Vancouver
• Port Coquitlam
• Richmond
• Surrey
• Vancouver
• Victoria

In August this year, the society announced its adoption of the Guidelines for Parenting Coordination (PDF) of the Association of Family and Conciliation Courts as the practice standards of its members and published its criteria for admission to the society as a parenting coordinator.

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Dial-A-Law Updates Family Law Scripts

Dial-A-Law, a public legal information project of the Canadian Bar Association BC Branch, has just published a complete overhaul of its online library of family law scripts which, among other things, brings them up to date with the new Supreme Court Family Rules. The updated scripts address a wide range of family law issues, from divorce and annulment, to custody and guardianship, to child protection and family violence. A new script provides a general introduction to family law and the family court process.

The complete collection of Dial-A-Law scripts can be accessed at www.dialalaw.org or by calling 604.687.4680 in the Lower Mainland and 1.800.565.5297 elsewhere in British Columbia.

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Separated with Children Financial Workshop

The Justice Education Society is hosting two workshops in the new year to help parents deal with the legal, emotional, social and financial turmoil of separation. The workshops will deal with:

• becoming financially independent
• dealing with your ex and children about money
• budgeting and debt issues
• child support, spousal support and property divisions issues

The workshops are free. You just need to register ahead of time. Call the society at 604-775-0856 in the lower mainland or at 1-800-775-0856 from elsewhere.

VancouverMonday 21 February 2011, 6:30 to 9:30 pm

Port Coquitlam
Wednesday 23 March 2011, 6:00 to 9:00pm

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Legal Aid News and Updates

LSS Launches Legal Advice Telephone Service (updated 24 November 2010)

On 1 November 2010, the Legal Services Society, the organization that provides legal aid in British Columbia, launched the Telephone Advice Line, rebranded as the Family LawLINE shortly thereafter, to answer questions about family law issues. The Family LawLINE is staffed by two lawyers who are available from 9:30 to 12:30 on business days. The service is intended for people who do not have a lawyer and do not qualify for representation through legal aid.

Callers must meet the legal aid eligibility criteria for legal advice, a different standard than the eligibility criteria for legal representation, and will be screened before being put through to one of the lawyers.

To contact the Family LawLINE, call:

604-408-2172 if you're calling from the Lower Mainland1-866-577-2525 if you're calling from elsewhere

I understand that calls will not be put through after 12:00.

This is not exactly a replacement for the former LawLINE, one of the services axed with the budget cuts implemented on 1 April 2010, but it's a start.

West Coast LEAF Publishes Report

On 9 November 2010, West Coast LEAF and the Canadian Centre for Policy Alternatives published a new report on legal aid in this province titled Rights-Based Legal Aid: Rebuilding BC's Broken System (PDF). The report provides a detailed review of the funding cuts suffered by the Legal Services Society since 2002 and the consequences of those cuts, and offers some recommendations about how to fix things.

LEAF recommends that the provincial legal aid system be revamped to provide services whenever human dignity is at stake and funding a mix of specialized legal aid clinics, private lawyers paid through a tariff system and staff lawyers in community-based non-profit organizations. The report is well written and deserves a read.

LEAF's other work on family law, legal aid and legal services includes:

• Mapping the Gap: A Summary of Legal Resources for Women in British Columbia, 2010 (PDF)
  
• Legal Aid Denied: Women and the Cuts to Legal Services in BC, 2004 (PDF)
• Access to Justice Denied: Women and Legal Aid in BC, 2000 (PDF)

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Managed Financial Disclosure Service Launched

I've spent the last few days at the Federation of Law Societies of Canada's fantastic national Family Law Program where I learned of a nifty new service designed to facilitate document disclosure where child support is paid.

In Ontario, I understand, recent legislative amendments have made the annual disclosure of certain financial documents — tax returns, notice of assessment, pay stubs and so forth — mandatory where there is an order for child support. (The point of this is to give everyone the information they need to keep the amount of child support up to date, as well as the parties' shares of the children's special expenses.) This same obligation exists in British Columbia and all other provinces as a result of s. 21 of the Child Support Guidelines, which gives the recipient of support, and sometimes the payor, the right to demand the production of certain documents not more than once per year, but the obligation only arises when the demand is made unless an order or agreement makes annual disclosure mandatory. (The agreements I draft normally include an automatic disclosure provision to protect both parties against arrears building up.)

Given the new regulatory climate in Ontario, the new service, Support Information eXchange, run by Ontario lawyer Michael Marra and found at www.yoursix.ca, makes a certain amount of sense. As understand it, the service acts as an online repository where the parties can post and print their financial documents over the life of the child support order. The service will send an alert by email when new documents are posted and keeps a record of when the documents were posted. The cost is $50 per year.

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Parenting Coordinators Group Expands Roster

The BC Parenting Coordinators Roster Society has updated its website, and, along with it, posted an expanded roster of parenting coordinators, bringing the total number of members to 29.

The Society, first established as an unincorporated association in 2007, has finally been incorporated as a non-profit society under the provincial Society Act. The directors of the Society will shortly be establishing a variety of committees to promote parenting coordination in British Columbia, and will be hosting the Society's first Annual General Meeting in the late fall of 2010 or early spring of 2011.

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New Website for Children

The BC Justice Education Society, formerly the Law Courts Education Society of BC, has launched a new website, www.kidsbc.ca, aimed at children whose parents are splitting up. The website offers lots of information about separation and the legal process, as well as information about children's experience of and feelings during separation, how separation may impact on their home life, and how their parents might react to separation. I am very impressed with this website.

The new website should nicely complement the provincial government's existing efforts in the area, available at www.familieschange.ca.

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Bad News for Legal Aid

The CBC has reported that the Legal Services Society is in dire financial straits and will be slashing the funding provided for family law and criminal cases, cutting 38 staff positions including lawyer positions, and closing the Vancouver family law clinic.

This is really quite tragic, as it seems that LSS was only just beginning to recover from the devastating budget cuts imposed by Gordon Campbell's government in 2002 which saw the entire board of LSS resign in protest. Over the last few years, LSS had begun to set up new community clinics, like the one being closed, establish a new family law duty counsel program and a special website devoted to family law issues, as well as training outreach workers and community advocates across the province on family law issues and procedures.

You should expect that the axe will fall heaviest on LSS's family law programs today as it did in 2002, as the provincial government has a cost-sharing arrangement with the federal government on funding legal aid for criminal matters - in part resulting from the federal government's constitutional obligations - which is not matched in family law matters.

Update: 14 January 2009

LSS posted a news release on the situation late yesterday which gives some more details about the nature of the cutbacks. Here are the highlights from a family law perspective:

• referrals for mediation are being eliminated and extended services will be scaled back beginning on 31 March 2009
• duty counsel services will be "reduced" at "some courthouses" at some point
• 16% of Lower Mainland staff will be cut, which will result in fewer LawLINE staff and fewer staff lawyers, and the reduction of LawLINE servicefurther changes will be announced in the summer

Further changes will be announced in the summer.

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BC Family Law Resource Relaunched as Wiki with Courthouse Libraries

I am very excited to announce that today Courthouse Libraries BC has relaunched my former website, JP Boyd's BC Family Law Resource, under their Clicklaw Wiki banner as JP Boyd on Family Law. This new wiki is completely up to date for the Family Law Act and the amended rules of the Provincial Court and the Supreme Court.

BC Family Law Resource

In early 2001 I got the bright idea of setting up a public legal education website that would provide a stem-to-stern overview of family law, written in plain language that would be accessible to as many British Columbians as possible. This was long before the Ministry of Justice had put together its brilliant website on family justice and five or six years before the Legal Services Society released its excellent Family Law in British Columbia website.

After months of writing and coding webpages by hand — using the high technology of Microsoft's WordPad no less! — I hit the "send" key in November, and my idea was up and running as JP Boyd's BC Family Law Resource at www.bcfamilylawresource.com.

As time passed, I added more and more pages and more and more features, such as editable templates for common court forms as well as examples of what the forms looked like when finished, child support and spousal support calculators, a table of cases mentioned in the website, an alphabetical index, a glossary of eight- or nine-hundred legal words and phrases, a list of websites run by British Columbia family law lawyers and law firms, an internal search engine powered by Google and more.

As my website grew, so did traffic. Over the past year, traffic has regularly peaked at over 1,000 unique sessions per day during the work week and a total of more than 27,000 sessions per month. Taking my annual expenses and this volume of traffic, plus the traffic to my blog, into account, I figure my costs are around six ten-thousandths of a cent per visitor.

The New Family Law Act

Needless to say, the enactment of the Family Law Act in 2011, though undoubtedly a very, very good thing for most British Columbians, became the source of much soul-searching for me. Not only was I aghast by the prospect of retooling the 58 primary pages and 15 or so subsidiary pages in my website, some of which are really quite lengthy, I began to be concerned about how my website would survive in the event I was hit by a bus, left practice or lost the energy to maintain the website for some other reason altogether.

Courthouse Libraries BC to the rescue!

JP Boyd on Family Law

I've had very a cordial working relationship with Courthouse Libraries for a number of years now and have collaborated with them on a number of training programs for lawyers, public librarians and the general public, working with wonderful people like Janet Freeman (the LawMatters program coordinator), Nate Russell (a legal community liaison), Meghan Maddigan (a legal community liaison) and Drew Jackson (the redoubtable director of client services). One of them, likely Nate or Drew, had the masochistic idea of converting my website to a wiki platform — the rather robust and user-friendly platform that makes Wikipedia work — under the Courthouse Libraries banner.

After some thought, I realized that the proposal was brilliant. It would give me the comfort of knowing that my website would survive any career changes or a cataclysmic loss of enthusiasm; it would expand the pool of people contributing to the website beyond myself, and perhaps create a sense of community ownership; and, the content I had created would be significantly enriched with the input of people with different voices and different opinions. Even better, the wiki platform included a nifty book mode that would allow readers and libraries to make a print copy of all or part of the wiki in a smartly-designed, user-friendly book format. How cool is that? I accepted their proposal and Nate and Drew went to work.

Over the past year or so, Courthouse Libraries has worked to collect the funding needed to buy a new server and the software to go with it, and hire the graphic designers and copy editors needed to take my amateurish efforts to a more polished level. An advisory committee composed of Megan Ellis QC, a senior and well-respected family law lawyer, and representatives from the British Columbia Library Association, the Legal Services Society and Courthouse Libraries was established in late 2012, and has provided invaluable guidance for the transition. More recently, Megan has begun to assemble a stellar editorial team of experienced family law lawyers and family law lawyers new to practice to nurture and grow the wiki into the future.

Thanks

I am extremely grateful for the expertise and time devoted to this project by Megan, Nate and Drew, and the not insignificant resources that Courthouse Libraries has allocated to establishing the new wiki. I am also humbled that the content of my former website, www.bcfamilylawresource.com, could possibly have been worthy of such attention and care.

I would like to extend my most sincere thanks to everyone involved, and in particular to Nate and Drew for their patience, energy and professionalism and dedication to this project. Thank you.

Get Involved!

If you're interested in contributing as as writer, commentator or as a member of the editorial team please contact Courthouse Libraries at:

1.800.665.2570
editor@clicklaw.bc.ca

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CLE Unleashes Family Law Act Training

The training opportunities for the coming into force of the new Family Law Act are about to get rolling. The Continuing Legal Education Society of British Columbia has taken an outstanding leadership role in packaging courses on the new legislation for lawyers, mediators, arbitrators and support staff. Here's some of what's going on over the next few months...

The Family Law Act: Everything You Always Wanted to Know But Were Afraid to Ask

This is a two-day practice-oriented course that will sink its teeth into the major areas of change under the new legislation — the division of property and debt, the care and control of children, and family violence and protection orders — each in a half-day slot, and address the changes to child support, spousal support and other issues in shorter segments in the last half-day.

Vancouver: January 31st, February 1st

Victoria: February 7th, 8th 

Kelowna: February 21st, 22nd

Early bird cost: $960 (students $485)

The New Family Law Act for Legal Support Staff

This is a one-day, comprehensive course designed for legal assistants and paralegals aimed at developing strategies to transition to the new legislation, including the revisions to the rules of court and court forms.

Victoria: February 14th

Vancouver: February 18th

Kelowna: February 19th

Early bird cost: $475 (students $225)

Family Violence Screening Training

This two-day course is designed to meet the practice requirements require by the Law Society and the Family Law Act Regulation for lawyers wishing to practice as parenting coordinators, family law mediators and family law arbitrators under the new act. The course will teach how to screen for family violence and how family violence can impact on different dispute resolution processes.

Vancouver: January 21st, 22nd or January 24th, 25th

Cost: $1,100

Family Law Act Transition Guide

This book contains the Family Law Act annotated with commentary prepared by leading family law counsel and explanatory materials released by the Ministry of Justice, and includes a table of concordance between the old and new legislation. The first chapter provides an overview of the new act and is particularly well-written.

Cost: $195

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Out With the Old, In With the New: Changes to plan for in 2013

The last few years have welcomed a range of important reforms affecting the practice of family law in British Columbia, including the new Supreme Court Family Rules, recalculated child support tables, the extension of the Notice to Mediate Regulation to family law matters and the expansion of the family law justice centre court model beyond Nanaimo. 2013 is going to be no different. In fact, in 2013 we are going to undergo reforms of a scope and magnitude not seen in the last thirty years. If the changes implemented in 2010, 2011 and 2012 were not your cup of tea, you are going to hate 2013. Read on.

The Family Law Act

The coming-into-force of the new Family Law Act will be the major event of 2013, no doubt about it. The new act will replace the Family Relations Act, which has been at the core of the law on domestic relations in British Columbia since 1972. 

Here are the highlights of the changes to expect on 18 March 2013:

• Family violence: Under the new act, family violence will be a factor which must be considered when the court is making decisions about children. The court will also be able to make protection orders to protect children and adults who are at risk of family violence.
• Parentage: We will have a complete code for determining a child's parentage, including when a child is conceived as a result of assisted reproduction. When assisted reproduction is used, a child may have more than two legal parents.
• Children's best interests: The list of factors that parents and the court must consider when making decisions about children will grow significantly, and will include family violence and a presumption that children's views should heard.
• Guardianship: The new act will give us a new definition of guardianship which takes us back in time to the old common law meaning of the term. Under the new act, subject to some exceptions, parents will usually be a child's guardians during their relationship and after separation. A guardian will be able to appoint a person to act as guardian in the event of his or her illness or death.
• Parental responsibilities: The decisions a child's guardians must make about raising the child will be called parental responsibilities, and will cover everything from where the child goes to school and how the child's health care is managed to signing permission slips for field trips. Only guardians will have parental responsibilities.
• Parenting time and contact: The time a guardian has with a child will be called parenting time. The time that someone who isn't a guardian has with a child will be called contact.
• Child support: Under the new act, the child support duties of a stepparent will be secondary to those of a parent, and the amount that the stepparent must pay will be determined considering the length of time the child and stepparent lived together and the child's standard of living during that time. A person paying support may also be required to carry life insurance to secure his or her obligation.
• Spousal support: People who have lived together for less than two years and have had a child together will be eligible for spousal support. Orders and agreements for spousal support may be reviewable. A person paying support may also be required to carry life insurance to secure his or her obligation.
• Property and debt: The new act will let people keep the property they owned going into to the relationship but require them to share any property or debt acquired after the date of marriage or the date they began to live together, whichever was first, plus the increase in value of any property brought into the relationship. People will also be able to keep other kinds of property they acquire during the relationship, such as inheritances, court awards and insurance payments. The property and debt provisions of the new act will apply to married and unmarried spouses.

Some amendments are likely planned to fix the very small number of problems in the new legislation that were overlooked in the drafting process. However, the next session of the Legislative Assembly, which will probably not begin until February or so, is going to be somewhat preoccupied with matters leading to the mandatory provincial election in May. As a result, it is very unlikely that the Family Law Act will be amended until the fall sitting.

You can read more about the Family Law Act in my Family Law Act Information & Resources page or in the helpful website on the new act put together by the Ministry of Justice.

The Regulations to the Family Law Act

Two main regulations will come into effect with the Family Law Act, the Family Law Act Regulation and the Family Law Act Pension Regulation. There are a few dozen other regulations that will come into effect at the same time, but these are largely housekeeping regulations that change other regulations to refer to the Family Law Act rather than the Family Relations Act.

The Family Law Act Pension Regulation deals with, well, pensions. No surprises there.

The Family Law Act Regulation covers a number of important subjects including:

• the roles and responsibilities of Family Justice Counsellors
• the training and experience people will have to have to work as Family Law Mediators, Family Law Arbitrators and Parenting Coordinators under the new act
• adopting the federal Child Support Guidelines as the Guidelines for the Family Law Act and translating the new act for the purposes of those Guidelines

The Ministry of Justice has written a helpful guide to the Family Law Act Regulation (PDF). You can find links to the new regulations in PDF format in my post "Regulations to Family Law Act Published."

The Family Relations Act

The Family Relations Act, and the regulations made under the Family Relations Act, will all be repealed when the Family Law Act comes into force on 18 March 2013. The repealed regulations include the Child Support Guidelines Regulation, the Division of Pensions Regulation and the Family Relations Act Rules and Regulations Regulation.

The Divorce Act

I am not aware of any changes planned for the Divorce Act. However, it's worth saying that among the things that will be staying the same under the Divorce Act are:

• Custody: The right to physical possession of a child and certain rights, almost like those of a guardian, to make decisions regarding the care and upbringing of the child.
• Access: The time a person has with a child under an order or agreement.
• Child support: The obligation of a spouse or stepparent to contribute to the costs of raising a child, as determined under the Child Support Guidelines.
• Spousal support: The obligation of a spouse to contribute to the living expenses of the other spouse, where that spouse has demonstrated an entitlement to receive it.

As a result, when the Family Law Act comes into force, married spouses will be subject to two slightly different rules for determining child support and spousal support, and to two very different schemes for the care and control of children.

The Child Support Guidelines

I am not aware of any changes planned for the Child Support Guidelines. The Guidelines tables were last amended on 31 December 2011, which means that the next amendment is unlikely to occur prior to 2016.

The Rules of Court

Both the Supreme Court Family Rules and the Provincial Court (Family) Rules will be amended on 18 March 2013 to accommodate the Family Law Act. Both sets of rules will be updated to:

• implement the new terminology used by the Family Law Act (for example, parental responsibilities, parenting time and parentage tests)
• address the new concepts introduced in the act (for example, parenting coordination, conduct orders and protection orders)
• address new processes established by the act (for example, the enforcement of orders and applications to enforce or set aside the determinations of parenting coordinators)
• delete reference to concepts not carried forward by the act (for example, restraining orders, parental support and declarations of irreconcilability)

The changes to the Provincial Court rules were somewhat more extensive given their antiquity, however the Minister of Justice has promised a complete overhaul of the rules for sometime in 2013 or 2014.

I expect that further updates to both sets of rules will be announced in the next few months to address the requirements of s. 51(2) of the new act concerning applications to be appointed as a child's guardian:

"An applicant under subsection (1) (a) of this section must provide evidence to the court, in accordance with the Supreme Court Family Rules or the Provincial Court (Family) Rules, respecting the best interests of the child as described in section 37 [best interests of child] of this Act."

An overview of the changes can be found at the Ministry's website on the new legislation. I have also discussed the updates to the rules in my post "Family Law Act: Changes to Rules of Court."

The Limitation Act

A brand new Limitation Act will come into force on 1 June 2013. Among other things, the new act exempts arrears of child support and spousal support from any limitation period, which means that once arrears have accumulated under ss. 148 or 163 of the Family Law Act, or the equivalent sections of the Family Relations Act, they can always be enforced.

I have briefly discussed the new new act in my post "New Legislation Will End Limitation Period for Claims on Arrears of Support." The old Limitation Act can be found on the excellent website of the Queen's Printer.

Family Day

Thanks to Premier Clark's ambitious families first agenda, our province's first Family Day will be celebrated with a day off on the second Monday of February; this year, on 11 February 2013. Huzzah!

New Practice Standards for Lawyers

On 7 September 2012, the Law Society adopted new practice standards (PDF) for lawyers wishing to practice as Family Law Mediators, Family Law Arbitrators and Parenting Coordinators when the new Family Law Act comes into force. The new standards are onerous but are, in my view, appropriately high.

I have discussed the new practice standards in my post "Family Law Act: Law Society Task Force Releases Practice Requirements, Government Announces No Fall Sitting."

People who are not lawyers and wish to practice as Family Law Mediators, Family Law Arbitrators and Parenting Coordinators must meet the training requirements set out in the Family Law Act Regulation; lawyers who wish to practice in these areas must meet both the requirements of the regulation and the standards set by the Law Society.

New Code of Professional Conduct for Lawyers

The Law Society has implemented a new Code of Professional Conduct (PDF) to replace the old Professional Conduct Handbook, effective today. The code covers most aspects of lawyers' ethical obligations, including confidentiality, conflicts of interest and advertising, and is part of an effort to promote greater uniformity among the practice codes of the various provinces and territories.

I have discussed the new code in my post "New Code of Professional Conduct in Force in January." You can read more about the new code in the Law Society's Bencher's Bulletin newsletter.

Designated Paralegal Pilot Project

Beginning on 1 January 2013, the scope of practice allowed to paralegals under the Law Society's pilot project will expand to allow designated paralegals to appear in court.

In the Vancouver, New Westminster and Kamloops Supreme Court registries only, designated paralegals may apply for a wide variety of uncontested orders, largely concerning procedure and file management, and may make contested applications for the following orders:

• compelling the production of documents
• changing the place of an examination for discovery
• the payment of child support where the children are below the age of majority and the payor's annual income is less than $150,000

In the Caribou/Northeast District and Surrey Provincial Court registries only, designated paralegals may apply for the same sort of uncontested orders and may make contested applications for the following orders:

• compelling the production of documents
• compelling the production of financial statements and financial documents
• the payment of child support where the children are below the age of majority, the payor's annual income is less than $150,000 and the application does not involve situations of shared or split custody or a claim of undue hardship

For more information, see the paralegals page on the Law Society's website.

Provincial Sales Tax

Remember the PST? It's back on 1 April 2013. Lawyer's fees are subject to PST and GST; fees charged by lawyers acting as mediators are subject only to GST.

Happy new year.

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New Code of Professional Conduct in Force in January

The new Code of Professional Conduct (PDF), the primary ethical guide governing the conduct of lawyers in British Columbia, will be in effect on 1 January 2013. The new Code will replace the Professional Conduct Handbook, which has provided guidance to lawyers for the last twenty years.

According to an article published in the Law Society's newsletter Benchers' Bulletin, the rational for the new Code stems from the need to harmonize ethical standards among the provinces and territories to allow lawyers to more easily practice in multiple jurisdictions. The Code is based on a model code of conduct developed by the Federation of Law Societies of Canada which has already been adopted in Alberta, Manitoba, Newfoundland and Labrador, Nova Scotia and Saskatchewan.

The Benchers' Bulletin article gives the impression that not much has changed between the Handbook and the new Code:

"The BC Code has been designed as a reference tool to help assist lawyers and the Law Society in answering those ethical questions. The ethical guidelines familiar from the Handbook have been preserved in the BC Code, but they have been expressed in a way that is expected to make it easier for the profession to use. 

"'The principles are the same, but the manner of expressing those principles is better,' said [Gavin] Hume. He describes the Handbook as a kind of 'statutory' document, similar to legislation. The BC Code, on the other hand, provides a rule and then additional commentary on how the rule operates."

Family law lawyers already grappling with the new Family Law Act, new regulations and new rules for the Supreme Court and Provincial Court will be grateful for the relative modesty of the change.

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Mediate BC Launches Program Addressing Support for Adult Children

Mediate BC has announced the launch of a new pilot project — the Child Support Eligibility Mediation Project — intended to address the often contentious issue of child support in respect of children who have reached or are approaching the age of majority. According to the society's statement, the aim of the program is to "help separated families resolve disputes concerning the eligibility of adult children for child support and special expenses" by creating an educational plan with the assistance of a mediator.

The service free and is available to separated parents whose children are either in Grade Twelve or are nineteen and older and enrolled in a post-secondary program.

The Child Support Eligibility Mediation Project is being carried out in collaboration with the Family Maintenance Enforcement Program and is funded by the Law Foundation of British Columbia and the Director of Maintenance Enforcement.

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Salvation Army Pro Bono Program Shut Down

I am very sorry to report that the Salvation Army's pro bono legal advice program has shut down. Although I understand that self-sufficient regional clinics may be maintained, the clinics run out of the program's central Vancouver office at Belkin House, such as the clinics at the Robson Square Provincial Court registry and the Caring Place in Maple Ridge, are terminated effective immediately. This is a really disappointing development; the program was run very efficiently and served thousands of people, and I've been volunteering with the program since 2002.

This would seem to leave Access Pro Bono as the last independent provider of full-service legal clinics in the province. (Help can also be had from the UVic and UBC legal advice programs, and from the countless community-based programs run by organizations like the Battered Women's Support Services and the YWCA.) Lawyers volunteering with the Salvation Army program should sign up with Access Pro Bono's summary legal advice program as soon as possible.

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Regulations to Family Law Act Published

The orders in council implementing the regulations required by the new Family Law Act were made on 23 November 2012 and published on 26 November 2012.

The regulations will, as of 18 March 2013, the day the Family Law Act comes into force, repeal the regulations under the old Family Relations Act and replace them with the Family Law Act Regulation (PDF) and the Family Law Act Pension Regulation (PDF). A host of regulations to other statutes, from the Contaminated Sites Regulation to the International Business Activity Regulation, are amended to accommodate the Family Law Act by orders in council 798 to 846 (PDF).

The Family Law Act Regulation deals with:

1. the provincial employees able to work as family justice counsellors and the information and documents required for their work;
2. the minimum training standards required for professionals working as mediators, arbitrators and parenting coordinators under the Family Law Act;
3. the adoption and adaptation of the federal Child Support Guidelines for use in British Columbia under the Family Law Act;
4. the continuing work of the Child Support Recalculation Service out of the Kelowna registry of the British Columbia Provincial Court;
5. the forms required for the appointment of standby and testamentary guardians under ss. 55 and 53 of the act; and,
6. fixing $10,000 as the limit of the value of children's property which can be managed by a guardian without court order under s. 178 of the act;

According to the press release from the Ministry of Justice, the training standards required for professionals working as mediators, arbitrators and parenting coordinators consist of:

"At least 14 hours of in-depth training on how to identify and screen for family violence or power imbalances to determine whether, or what type of, dispute resolution process is appropriate. 

"A minimum level of family-related experience and training in their area of practice. 

"A minimum of 10 hours a year, per year, of ongoing training to ensure their skill set remains relevant. 

"Extensive training on the new Family Law Act."

These training standards must be met by 1 January 2014, giving everyone just over a year to get up to speed. Lawyers working as mediators, parenting coordinators and arbitrators will also additionally be governed by the training standards (PDF) required by the Law Society as they may be amended from time to time.

It is not entirely clear what fate will befall non-lawyers who have not taken the training required by the deadline. At a minimum, it seems to me that such people will not be "mediators," "parenting coordinators" and "arbitrators" to whom the court can refer people under the Family Law Act and, in particular, that the awards of people working as arbitrators and the determinations of people working as parenting coordinators will not be "awards" or "determinations" capable of enforcement under the act.

The Ministry of Justice has published a new page on its website explaining the new regulations.

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Competition Heats Up for Family Law Arbitrator Training

The Continuing Legal Education Society of British Columbia, the preeminent provider of legal education for lawyers in the province, has just announced a training opportunity for family law lawyers wanting to practice as arbitrators, mere days after information about a similar course being released by the BC Arbitiration and Mediation Institute; see my post below. CLE's offering is scheduled to run from Tuesday 5 February to Saturday 9 February 2013 at a standard rate of $1,950, about $1,000 cheaper than the BCAMI offering and two weeks earlier.

So far, what we know about the two courses is that CLE's course will be taught by Lorne Wolfson, a respected family law lawyer and arbitrator from Toronto. BCAMI's course (DOC) was designed and will be taught by British Columbia family law lawyers and arbitrators, who I expect will include Glen Bell, Jane Henderson and Craig Neville. The CLE course will also leave you with a copy of the 5th edition of Lorne's book, Family Mediation, Arbitration and Collaborative Practice Handbook.

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BCAMI Family Law Arbitrator Training Set for February 2013

The British Columbia Arbitration and Mediation Institute has been working to develop training (DOC) for family law arbitrators since the Family Law Act became law last November. They must be ready to go, because the first session is set for five days beginning on 18 February 2013. I understand that the cost will be just under $3,000.

Unfortunately, I don't know much more about the BCAMI's new offering apart from this. BCAMI's ordinary arbitrator training is given in Vancouver by esteemed lawyer and arbitrator Glen Bell and requires three separate sessions running to a total of eight days, or two sessions and a total of five days for lawyers. I took my arbitrator training with Glen and thought that the program was excellent.

Arbitration is one of the "family dispute resolution" processes discussed in the new legislation, along with mediation, collaborative processes and parenting coordination. The Family Law Act will make a number of consequential amendments to the Commercial Arbitration Act to make it more friendly to the arbitration of family law disputes.

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