Legal news & strategy

Changing Canada’s Divorce Act: Luke’s Place remarks on Bill C-78

The Bill C-78 hearing
Luke’s Place and NAWL have submitted a Joint Brief on Bill C-78 and will testify as witnesses before the Standing Committee in Ottawa on Wednesday November 22 at 5:30.
Our brief was endorsed by over 40 organizations, some of which will be heard by the Committee today.

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Family violence is relevant in family law processes

A new report published by the Department of Justice Canada describes what many of us already know about family violence and family law processes:

In a family law context, violence, abuse and neglect within families can have wide ranging, long-term effects. Family and criminal courts may offer contrary rulings that confuse and frustrate matters and may put family members at risk.

What you don’t know can hurt you: The importance of family violence screening tools for family law practitioners

Our new report on family violence screening tools for lawyers and other family law practitioners is now available from the Department of Justice Canada.
Family law lawyers are often the first point of contact for those entering the family justice system. They need to be aware of any abuse history as early as possible so that decisions made reflect the best interests of the children,

The importance of family violence screening tools for family law practitioners

Since 2003, Ontario’s Domestic Violence Death Review Committee consistently finds that a history of domestic violence and pending or recent separation are the first and second highest risk factors for lethality in domestic homicides.
Yet there is no universal family violence screening tool for Canadian family law practitioners.
Family law lawyers are often the first point of contact for those entering the family justice system.

Family violence screening tools for family law practitioners

Update: This report on family violence screening is now available on the Department of Justice website.
We are excited to announce that Luke’s Place has recently completed a research project with funding from the federal Department of Justice that looks at family violence screening tools for family law practitioners.

Opposing Bill S-202: Joint custody is dangerous when there is a history of abuse

On December 13, 2017, Luke’s Place Legal Director Pamela Cross made a submission to the Standing Senate Committee on Legal and Constitutional Affairs about Bill S-202.
Pamela made the submission on behalf of the National Association of Women and the Law (NAWL).
Bill S-202 proposes amendments to Section 16 of the Divorce Act.

The Special Needs of Survivors of Family Violence in the Family Court Process: Comments on Justice Bonkalo’s “Family Legal Services Review”

A significant portion of all cases in family court involve family violence. Any changes to court process must examine the needs of these families.
Luke’s Place and the Barbra Schlifer Clinic have a unique perspective on the complex realities of family law and courts for survivors of family violence.

Paralegals in family courts not the solution

Pamela Cross and Amanda Dale respond to the recent report by Justice Bonkalo, Family Legal Services Review. Although they applaud the effort, there is a “fatal flaw” in the report — a lack of understanding of the impact of violence in family court decisions.

What should I do if a lawyer doesn’t want me to attend a meeting with a woman I am supporting?

This resource draws heavily from “Privilege, Confidentiality, Third Parties Attending Interviews, Duty to Report, and Exceptions” prepared by Gerard J. Michaud, Lawyer Manager, Family Law Service Centre (Peel), August 16, 2012. Many thanks to Luke’s Place volunteer lawyer Emilie Garant, who researched the case law and legal commentaries relied on in this resource.

Teaching about domestic violence: Law schools get a failing grade

According to a recent Toronto Star investigation, “Law schools fail on domestic violence training, experts say”.
In 2012, Luke’s Place Legal Director, Pamela Cross, was commissioned by the Law Commission of Ontario to develop curriculum on violence against women for Ontario law schools. At that time,