The unified family court: A road-tested justice strategy for Alberta.

AuthorBoyd, John-Paul

In my recent article, "What, Why and Where: Untangling Jurisdiction in Family Law," I explained how litigants navigate the thicket of jurisdictional choices involved in a family law dispute. First there's choosing the right law, because the federal and provincial governments have overlapping jurisdiction over some but not all family law problems. Then there's choosing the right court, because in many provinces and territories there are two trial courts with overlapping jurisdiction over some but not all family law problems. Making matters worse, not all courts can deal with all laws and the two trial courts usually have different rules, different processes, different forms and different fee structures.

This can all be very confusing for litigants without lawyers. Frankly, it's confusing for many lawyers as well. However, in some parts of some provinces, namely Manitoba, New Brunswick, Newfoundland and Labrador, Prince Edward Island, Ontario and Saskatchewan, there is just one court for family law disputes, a court that has the jurisdiction to deal with all family law problems and all of the laws that might apply to them. In some provinces, like Saskatchewan, government has solved the jurisdiction nightmare by simply assigning all family law disputes to a special division of the superior court. Other provinces, like Ontario, have created a special hybrid court, a "unified family court," to deal with everything.

Despite the holdout of large, wealthy provinces such as Alberta and British Columbia, the idea of unified family courts is not a new one. Manitoba, Ontario and Saskatchewan each launched pilot projects in 1977, British Columbia initiated a short-lived project in 1974 and a committee of the Alberta Law Society recommended the establishment of a unified family court in that province in 1968. In addition to reducing public confusion by creating a one-stop shop for family law disputes, the basic premises behind the idea of unified family courts are these:

* Family law is a unique species of civil law that deals with complex problems and future-oriented problem-solving. A unified court will result in its judges developing significant specialized expertise in a difficult area of law.

* A unified court will allow all of the problems arising from the end of a relationship to be dealt with in one place, reducing the likelihood of simultaneous proceedings, litigation harassment, tactical delays, and conflicting court orders.

* Social services related to family breakdown will be integrated more effectively and efficiently into the court system and judicial processes.

* A unified court will adapt and evolve rules specific to its needs and those of the families before it, and improve access to justice by establishing simplified forms and processes.

* A unified family court managed by a specialist bench will produce outcomes for families that are better tailored to their individual needs and...

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