An interesting perspective on family law in Quebec came out of the recent Canadian Bar Association conference in Niagara Falls, Ont.
During a session on family law, Laval, Que., lawyer Suzanne Pringle spoke about some of the unique features of practising in our neighbouring province, including social changes that have made Quebec the “world champion” of common law relationships.
One aspect she touched on was legal changes aimed at speeding up family law cases and making the justice system more affordable and accessible for the public, an issue Ontarians are also familiar with as Attorney General Chris Bentley makes his push for more efficient proceedings here.
Key to the changes in Quebec is the so-called proportionality rule, which mandates a balance between the costs and time associated with family law proceedings and the importance of the issue at hand. At the same time, family law litigants have one year from the initiation of a file to have the case ready for trial.
“If it’s not ready, it just doesn’t exist anymore,” said Pringle, who called the timeline a “constant worry” for lawyers.
Other provinces, of course, have made efforts to speed up family law matters. British Columbia, for example, introduced a proportionality principle to its family courts earlier this summer.
For its part, Ontario has attempted to make its civil courts more efficient through its revamped Rules of Civil Procedure. It has also introduced Justice on Target, a program that aims to reduce the number of appearances in the province’s criminal courts.
It’s certainly hard to argue with the goals of such programs. Almost everyone is tired of the delays that plague the courts, so any attempt to deal with them should be a good thing. Nevertheless, there’s always the danger of unintended consequences.
In Quebec, for example, reality can get in the way of meeting that one-year deadline. With globalization, proceedings may slow down due to litigants living in separate places. At the same time, Pringle said lawyers dealing with child custody issues face moral issues around the imperative to adhere to expected timelines.
In addition, family law is particularly prone to having emotions get in the way. While one spouse may have had a plan to separate long before taking action, the person left behind may be completely blindsided by the events and therefore may not be ready to go to court right away.
The result is a challenge for lawyers and the legal system as a whole. For lawyers, the challenge may be that they need to find some way to help litigants with those emotional issues before they can make real progress on the legal file.
For the justice system in general, what’s key is making sure that, beyond setting goals and timelines, the resources - including legal aid - are available so that proceedings can move smoothly. It’s only by taking a broader perspective that we can make a real dent in the delays people find so frustrating.
- Glenn Kauth
