 BC takes another look at UFC
The BC Justice Review Task Force, comprised of representatives of the Supreme Court, Provincial Court, Ministry of the Attorney General, Law Society (Chair), and CBABC Branch, recently released a discussion paper on the topic of creating a Unified Family Court (UFC). See www.bcjusticereview.org.
At Family Law Section meetings throughout the province, members of the Task Force have been presenting the UFC concept and requesting feedback from members of the bar. The issue will also be discussed at the CBABC’s annual meeting of Local and County Bar Presidents on December 6, and at Provincial Council on December 7. The Task Force is under timeline pressure: federal government budget priorities will be set early in 2003, and as this project requires and depends on a federal commitment of funds, there is some urgency to the Task Force’s work.
In 1998, the federal government provided funding (in the form of UFC superior court justice appointments) to expand UFCs in Newfoundland, Ontario and Saskatchewan and to establish UFCs in Nova Scotia. Alberta has recently explored the idea, and has concluded that UFC should only be pursued if both levels of government are prepared to commit the resources needed to allow the UFC to do an effective job of managing family law matters.
The primary advantages of UFC, as identified in the Task Force report, include: potential savings in provincial court judge salaries (a rough example of opening seven UFC sites suggests a possible $2 million savings); and the ability to expand family justice services, paid for from the salary savings. Advantages to individuals and families who access the family law system include: dealing with one court and one set of rules, rather than two levels of court for some aspects of their case; and having access to more comprehensive services, through family justice centers associated directly with the UFCs.
Although the consultations are not yet complete, there appears to be growing support among the bar. However, there are a few key questions which need to be resolved, including:
- Given the potential savings in moving to UFCs, will there be an investment in restoring family law legal aid to ensure legal representation for those who need it? Unrepresented litigants are a growing concern in the courts, particularly when one party may be represented and the other not, there can be longstanding power imbalances, and the personal stakes in family law can be very high.
- How will UFCs remove barriers to access – not only geographic, but also procedural and financial – faced by litigants in superior courts? Technology, circuit courts, revised court rules and revised fee structures are all items that require an investment of financial resources and political will before provincial court can be removed as a family law option in some locations.
If you wish to provide input to the Task Force on this or any of the topics contained in the “Exploring Fundamental Change” discussion paper, visit www.bcjusticereview.org or contact the CBA or Law Society for a copy.
This article was published in the December 2002 issue of BarTalk. © 2002 The Canadian Bar Association. All rights reserved. |
