Family law and access to justice

Resource mapping survey
Real Stories of Women - Family Law Cases
"Not with a ten-foot pole" report
Family Relations Act Review
Rick v Brandsema
"Legal Aid Denied" - Report
2010 Access to Justice Reform Legal Aid in BC Petition
Court Watch Report 2005-2006
Same-sex Marriage Submission 2005
Other reports

Ever since its inception, West Coast LEAF has recognized the profound impact Family Law has on women’s lives.

The Family Relations Act (FRA) is the BC law that covers marriage breakdowns, guardianship, access, spousal and child support, and the division of property. The FRA governs hugely important areas impacting families, such as custody and access. This law, along with the federal Divorce Act, are interpreted by judges which in turn creates legal precedents. The combination of all three creates a web of Family Law that is very complex, as anyone knows who has had to go through relationship breakdown where children, safety and/or property is involved.

The goal of the Family Law Project is to look at the intersection between women’s equality (and inequality) and the family law system. The family law project works closely with a broad range of community organizations, family law practitioners and academics in the development of long-term strategies for addressing emerging issues.

Our goals:

To identify family law issues that create barriers to women’s right to equality;
To address issues of systemic inequalities that results from the family law justice system;
To advocate for the rights of women to access the justice system;
To develop resources on family law issues for advocates, community groups and women navigating family law;
To bring together community advocates and family law lawyers to work together in the delivery of family law services to women most in need;
To make submissions both provincially and federally to recommend changes to the law that will support the substantive equality rights of women;
To ensure BC families are healthy and safe by providing a voice for gender reform of the family law system when needed.

Resource mapping survey

In 2009, a project was initiated to research and collate legal resources created by various family and social serivce agencies throughout the province. The report was released in 2010.

Mapping the Gap: A Summary of Legal Resources for Women in British Columbia was written by Shahnaz Rahman and funded generously by the Notary Foundation of British Columbia.

Real Stories of Women - Family Law Cases

Actual case scenarios, collected from 2007 to 2009, help to illustrate what happens to women when they cannot access legal representation.

Real Stories of Women - Family Law Cases

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"Not with a ten-foot pole" - Report

The report "Not with a ten-foot pole: Law Students Perceptions of Family Law Practice", written by Zara Suleman, summarizes the findings of the Family Law Student Survey. It was published in 2009.

"Not with a ten-foot pole" - Report

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Family Relations Act Review

In 2007, the Family Law project undertook public consultations in response to the provincial review of the Family Relations Act. This report was submission to the Ministry of Attorney General Justice Services Branch Civil and Family Law Policy Office in December 2007.

Family Relations Act Review: Phase III Discussion Papers

Family Relations Act Review: Report on Public Consultations

The Ministry of Attorney General, Justice Services Branch, Civil and Family Law Policy Office, responded to public input with this report in 2009.

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Rick v Brandsema

In this 2008 family law case, the Supreme Court of Canada upheld and advanced important principles of equality in family law, including a clear right to equality in the negotiation of separation agreements.

Rick v Brandsema

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"Legal Aid Denied" - Report

In 2003, West Coast LEAF embarked on an ambitious campaign to collect sworn affidavits from women who were struggling with family law issues without legal aid or legal representation. The work of the Affidavit Campaign formed the basis of this report, published by the BC Centre for Policy Alternatives.

West Coast LEAF is currently working on an update of this report and it can be expected in 2010.

"Legal Aid Denied" - Report

2010 Access to Justice Reform Legal Aid in BC Petition

West Coast LEAF has launched the 2010 Access to Justice Reform Legal Aid in BC Petition. Addressed to the Attorney General of British Columbia, the petition outlines the current status of the provincial legal aid system and provides three feasible recommendations that will restore equitable access to justice for all British Columbians.

The most recent service cuts, in April 2010, include the elimination of the Legal Services Society (LSS) LawLINE telephone service and LSS funding to Povnet (an on-line network of welfare advocates).

A 2009 version of the petition received 1200 signautres and was sent to Attorney General Michael de Jong. A response to the 2009 petition was received from Deputy Attorney General David Loukidelis.

Court Watch Report 2005-2006

The Affidavit Campaign was followed by the Family Court Watch Program. From October 2005 to April 2006, volunteers observed family remand or “first appearance court” in both Victoria and Vancouver Provincial Courts.

Court Watch Report 2005-2006

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