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Best Practices for Addressing Power Imbalances and Safety in Family Dispute Resolution Processes: Research, Protocols and the Law

Hilary Linton (This article was first published in the Ontario Family Law Reporter, Volume 33, Issue 10, April 2020)

Posted on May 14, 2020 at 1:42 pm / 0

Introduction With courts, for now, restricting services to all but emergency matters due to COVID-19, the demand for alternative dispute resolution services is growing exponentially. The need is greater than ever to ensure that those processes put issues of power imbalance and safety of clients and children first. Private mediation or adjudication is not appropriate in all cases. Professionals should assess suitability for diversion away from court through the practice of ‘screening’ for power imbalances, including those arising from family violence. The purposes of screening — to determine if a case is appropriate for diversion out of court, and, if…

Access to Justice and ADR in Rural Communities

Pamela Cross

Posted on May 13, 2020 at 5:05 pm / 0

Approximately 10% of Ontario’s population lives rurally. It goes without saying that there are clear differences for people who live in the country and small towns compared to those who live in urban areas. These differences extend to those who are dealing with family violence and in fact, can have an impact on how the abuse is experienced and the options available to those who are in abusive relationships. Key issues for those living rurally who are also dealing with family violence include: i. Distance/lack of public transportation: it can be difficult for women to access supports and services, or…

View of the Child Reports: Case Comment

By Rachel Birnbaum, Ph.D. RSW, LL.M.

Posted on May 13, 2020 at 4:58 pm / 0

Context There has been increasing use of the Views of the Child Reports as a means to involving children in the resolution of parenting disputes across Canada.[2]It is now widely recognized that children’s inclusion in the post-separation decision-making process is important to the promotion of their well-being. The recognition of the ‘rights’ of children has been supported by the adoption of the United Nations Convention on the Rights of the Child that guarantees children the right to express views on matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child, Can. T.S. 1992 No. 3 states:…

Thoughts on Intimate Partner Violence from a Tamil Cultural Perspective

By Khamy Ganeshathasan B.Sc, M.A, LL.B, LL.M

Posted on May 13, 2020 at 4:51 pm / 0

On September 11, 2019, Tharshika Jeganathan, was on her way home from work when she was brutally attacked and murdered by her estranged husband Sasikaran Thanapalasingam.[1] He surrendered to the police and was charged with first-degree murder. The parties were married in 2015[2]; their marriage was arranged by their respective families.[3]It is common for Tamil men and women to have their families actively engage themselves in finding suitable life partners. While in most cases these marriages are “arranged with the consent” of the marrying parties there are unfortunate instances of forced marriages where one of the parties, usually the bride, does…

Settling Family Law Cases: Lawyer Beware

Lorne Wolfson (Originally Published in the Lawyer’s Daily)

Posted on May 13, 2020 at 4:41 pm / 0

While court operations are suspended during the COVID-19 pandemic, many separated or separating spouses will rely more than ever on the advice of family lawyers. Whether an agreement is arrived at through mediation or through negotiation, with or without lawyers, ultimately a family lawyer is usually engaged to draft an agreement. In doing so, family lawyers should consider the following in order to protect their clients and themselves: 1. In the absence of formal screening by a qualified third party screener, a family lawyer cannot know if his or her client is entering an agreement under duress or undue influence, the…

Note from the Editors

Anne Marie Predko and Pamela Cross

Posted on May 13, 2020 at 4:24 pm / 0

For some, it has taken a pandemic to bring to light the fact that many people are not “safe at home”. FDRIO has always been a leading advocate for the need to take gender-based violence and risk seriously in the FDR context, and in that context, welcome to this month’s newsletter. It has been almost 40 years since the members of the House of Commons laughed at MP Margaret Mitchell’s assertion that one in 10 Canadian men beat their wives regularly. While MPs might not laugh at the same comment today, effective responses still elude us. In many ways, our tolerance…

Non-Disclosure: Looking Beyond the Cancer Metaphor

Shmuel Stern

Posted on May 13, 2020 at 4:19 pm / 0

As the Supreme Court suggested in Leskun v. Leskun, at para. 34, nondisclosure is the cancer of family law. This is an apt metaphor. Nondisclosure metastasizes and impacts all participants in the family law process. Lawyers for recipients cannot adequately advise their clients, while lawyers for payors become unwitting participants in a fraud on the court. Judges cannot correctly guide the parties to a fair resolution at family law conferences and cannot make a proper decision at trial. Payees are forced to accept an arbitrary amount of support unilaterally determined by the payor. Children must make do with less. All…

Law Foundation Grant Supports Luke’s Place Expansion of Virtual Legal Clinic

Originally Published by the Law Foundation of Ontario on September 3, 2019. Reprinted with Permission

Posted on May 13, 2020 at 4:08 pm / 0

Several times a month lawyer Min Jin provides confidential pro bono legal guidance and advice through video and teleconference. She’s in Toronto but the women she helps are often in small, rural, or remote communities in the province. Min, a Barrister & Solicitor at Vayalilkollattu Law, is one of several lawyers who has partnered with Luke’s Place Virtual Legal Clinic to provide free legal advice to women who have experienced domestic violence and are involved with the family law system. Located in Oshawa, Luke’s Place is a support and resource centre for women and their children who have experienced abuse. Family court…

Employment Law and COVID-19 Considerations Relating to Domestic Violence in the Workplace

Behzad Hassibi

Posted on May 13, 2020 at 3:59 pm / 0

NOTE: The employment-related portion of this webinar/paper mainly focuses on Ontario legislation. However, it is an employer’s general duty across all jurisdictions to ensure all employees have a safe and healthy workplace. Occupational Health and Safety Act Employers have a general duty to “take every precaution reasonable in the circumstances for the protection of a worker” (s. 25(2)(h)). Under s. 32.0.1 of the Occupational Health and Safety Act (“OHSA”), an employer with more than five employees must prepare a workplace harassment and violence policy and review the policies at least once per year. The written policies must be posted in a “conspicuous…

Doing a Lot With a Little: Ontario’s Family Court Support Worker Program

Pamela Cross

Posted on May 13, 2020 at 3:35 pm / 0

Implemented by the Ministry of the Attorney General in 2011, Ontario’s Family Court Support Worker (FCSW) program has become a critical service for survivors of family violence who are involved with the family court process. FCSWs work for community agencies (shelters, counselling agencies and victim service organizations), funded by MAG to deliver the service, which is available in all court jurisdictions in Ontario. Here is a list of FCSW services in Ontario. The workers receive ongoing training, both in person and online, and legal support from Luke’s Place, a specialized family law support service for abused women and their children in…

Cliff’s Notes – May 2020

Clifford Nelson

Posted on May 13, 2020 at 3:28 pm / 0

Most of you have read that there are sharp increases in domestic violence cases in Ontario – abuse against both women and children – during the pandemic. This spike is related to the fact that families are forced to spend most of their time at home. Information about the increase in cases has been obtained from police, women’s shelters and children’s aid societies. Strangely, some places are noting a decrease in calls. Those who are in a position to know say that this is equally, if not more of a concern, because it points to the possibility that cases are…

Services for Men

Posted on May 13, 2020 at 3:11 pm / 0

There is a lack of services, resources and materials for men who are experiencing relationship violence. Due to cultural beliefs about gender and violence, many men who disclose violence are not believed. These issues combine to make it very difficult for men to get the help they need when they are experiencing violence. Furthermore, although these materials are applicable to men’s safety planning, many resources often use gendered language. Every person who is facing relationship violence deserves to be believed, treated with compassion, and given access to helpful resources. RESOURCE SERVICES PROVIDED Canadian Centre for Men and Familieshttps://menandfamilies.org/ Toronto 152…

Clients from Indigenous Communities

Posted on May 13, 2020 at 3:01 pm / 0

Ontario Federation of Indigenous Friendship Centres (OFIFC) www.ofifc.org Some Programs include: Children Who Witness Violence Program – promotes positive development and life choices of urban Indigenous children ages 7-14 who have experienced violence. Cultural Resource Coordinator Program – provides children, youth, and families an access to cultural knowledge through a range of approaches, fostering positive Indigenous identity. Healing and Wellness Coordinator Program – focuses on improving Indigenous health and reduction of family violence which is achieved through the provision of services for those most at risk, notably women and children. Kizhaay Anishinaabe Niin (I am a Kind Man) Program – developed…

The Family Law Coach – Where affordability, flexibility, and convenience meet family law.

Joel Miller

Posted on April 13, 2020 at 4:06 pm / 0

In family law there are two categories of people who need service: those who can, or are willing to, afford us and those who can’t, or are unwilling, to pay that much money for services. The unable or unwilling make up more than twice as many potential clients than the able and willing. They’re the family law self-reps flooding our courts (when courts are open). These people may have used a lawyer or mediator at one point and then ran out of money, often leaving unpaid bills. They feel blindsided by ballooning costs and frustrated at being cut loose when…

Indigenous Perspectives in Family Law Webinar

Posted on April 13, 2020 at 1:40 pm / 0

This important and popular webinar raised over $1,000.00 for the First Nations Family and Child Caring Society, the charity chosen by our presenters! This webinar, attended by almost 200 people, offered so much to participants. Not only did Linda Nothing and Kayla Vaiu speak from their own experience, but they provided insights into the complexity and diversity of Indigenous peoples in Canada. Kayla had reached out to members of her community in advance to deepen her perspective; she offered by example a learning and sharing approach that engaged her community. Here are some highlights, but I encourage everyone who wants…

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FDR Updates, News & Updates

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