Systematic and Cultural Change, and the FLA
Just after our province’s Family Law Act, SBC 2011, c 25 (“FLA”) came into force in March 2013, the Canadian Forum for Civil Justice (“CFCJ”) called for “systematic and cultural changes to the way we resolve family conflicts,” saying that Canadian family law is “highly evolved and comprehensive… , [but] the procedures by which this substantive law is invoked are increasingly complex, unaffordable and inaccessible, [and] [w]ithout access to the mechanisms to implement them, the substantive rules have limited value.” The crux of access to justice issues is that however theoretically good rules are, if they don’t create practical benefit to citizens, they aren’t doing their job.
Access to Justice in family law is especially important because of the stress litigants are under while going through the system. In 1967, psychiatrists Thomas Holmes and Richard Rahe conducted a study which ranked 43 stressful life events, and determined how they correlated with illness…
(Originally published by BarTalk magazine; click here to keep reading)