Access to family justice worst in Canada, lawyer says
Time to revisit 2009 task force recommendations
CBC News
Posted: Nov 26, 2012 2:04 PM AT
Last Updated: Nov 26, 2012 4:01 PM AT
Related
Related Stories
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
A Moncton lawyer says access to family justice in New Brunswick is the worst in the country and is calling on the provincial government to take another look at a 2009 task force report.
Sheila Cameron says families are waiting up to seven months to see a judge for custody and support orders.
Long waits increase stress and costs for families already going through a difficult time, she said.
Moncton lawyer Sheila Cameron says a reasonable wait time for custody and support orders is four to six weeks, not up to seven months. (CBC)Cameron contends a reasonable wait time is four to six weeks.
"We have beautiful courthouses, but that's not access to justice. Access to justice is giving everybody timely and affordable access to the legal services they need, when they need it — and we're failing miserably at that right now."
In June 2009, Cameron was part of a task force that submitted 50 recommendations to the provincial government to improve access to family court.
As it stands, only three of the recommendations have been implemented, she said.
Although Cameron says she understands government budgets are tight, she maintains family justice deserves special attention.
"We need lots of services in education and health, but when it comes to access to family justice, I feel like they are intertwined; that the people that are caught up in family justice are seeing significant impacts on their education for their children and their own health and their children's health," she said.
Chairman felt 'betrayed'
Justice Raymond Guerette, who chaired the task force, spoke out against the provincial government in February 2010. (CBC)In February 2010, Court of Queen's Bench Justice Raymond Guerette, who chaired the Access to Family Justice task force, took the unusual step of speaking out against the provincial government, saying he felt betrayed.
Guerette said instead of making it easier and cheaper for people to get a divorce, the government had made it more difficult and more expensive.
Shortly after the report was released, the government cut the jobs of 14 court mediators and reduced legal aid.
The task force found the family court system was in disarray and had been deteriorating for years, with workers bogged down with paperwork and the interests of children secondary to procedural requirements.
Some of the recommendations included replacing the "adversarial system" with one that lets families break up with dignity and respect; and adopting a triage system that would quickly assess new cases and route them toward appropriate services such as mediation.
Then-justice minister T.J. Burke had said overhauling the system would be his most important task, but said it wouldn't be quick or easy. He appointed a committee to look at how to implement the task force's recommendations and to launch a pilot program in Saint John.
The seven-member task force, which was appointed in February 2008, was mandated to make recommendations that would lead to:
- More timely access to justice in resolving family law disputes.
- Expanded used of alternatives to the family court to resolve family law issues.
- Increased access to legal information and legal assistance in family law matters.
Share Tools
Latest New Brunswick News Headlines
- Woman charged with hiding newborn's body
- A 30-year-old New Brunswick woman has been charged in connection with the discovery of the body of a newborn boy found on Taylor Road near Monteagle, N.B. in 2009. more »
- Dennis Oland named as prime suspect in father's slaying
- Dennis Oland is considered the prime suspect in the killing of his father, Richard Oland, according to search warrants. more »
- Doctor loses legal fight over abortion policy
- A New Brunswick judge has ruled the labour board cannot conduct a hearing into whether the province's abortion policy is violating a doctor's ability to offer accessible health care. more »
- Environmental Trust Fund cash given to Perth-Andover
- Eligible New Brunswick community groups with "great projects" were denied money from the province's Environmental Trust Fund this year even as government took $4 million for its own use, Environment Minister Bruce Fitch acknowledged on Friday. more »
Must Watch
Top News Headlines
- Rescue attempt over for New Brunswick fishermen
- The rescue attempt for two missing fishermen has been called off in New Brunswick, hours after one body was found. more »
- Spectator killed at Edmonton Jeep event
- A 20-year-old woman died Saturday during an event for Jeep enthusiasts held in a parking lot just west of downtown Edmonton. more »
- Astronaut Chris Hadfield adjusts to 'earthling' life
- Canada's space ambassador, Chris Hadfield, is still readapting to life on this planet after spending 146 days in zero gravity as commander of the International Space Station. For now, though, he's taking his homecoming one step at a time. more »
- Afghan legislators block law protecting women
- An Afghan legislator says conservative lawmakers have blocked approval of a law that aims to protect women's freedoms, saying parts of it violate Islamic principles. more »
- Rescue attempt over for New Brunswick fishermen
- Woman charged with hiding newborn's body
- Dennis Oland named as prime suspect in father's slaying
- Doctor loses legal fight over abortion policy
- Alcohol, slippery road factors in fatal Tracadie car crash
- 5 fishing boats burn in Tabusintac fire
- Cohon challenges Maritimes to support new CFL team
- Environmental Trust Fund cash given to Perth-Andover
- 'Everybody knew' Ashley Smith was in danger, guard says

