Ontario needs to expand access to Unified Family Courts

Family disputes take a toll. Children suffer and reaching a solution takes time, can be expensive and is emotionally draining.

Simplifying the family court process, easing cost pressures and helping the public to navigate the system better are all crucial to increasing access to family legal services and achieving timely and efficient resolutions to family law matters. One positive step toward achieving this is expediting the expansion of Unified Family Courts in Ontario.

Currently, and confusingly, family law matters are dealt with in two different courts — a quirk of our Constitution dating back to 1867.

Families in the midst of disputes often find themselves having to use both the Superior Court, where federally appointed judges decide matters related to divorce and the division of property, and the Ontario Court of Justice, where provincially appointed judges hear custody, access, child and spousal support, adop- tion and child protection matters. At times, families may be involved in cases in both courts at the same time.

This divided jurisdiction causes unnecessary financial and emotional strain. It is particularly difficult for those who represent themselves in court to navigate the complex system. It results in duplication of efforts and increased procedural complexity, with associated costs that can create significant barriers to resolving family disputes in the courts.

Unless you happen to be lucky enough to live in a region that is served by Unified Family Courts.

Introduced in the late 1970s, Unified Family Courts provide a “one-stop” court to address all family law issues. Currently, there are 17 Unified Family Courts in Ontario, serving about 40 per cent of the province. In Ontario’s 33 court regions without a Unified Family Court, including the Greater Toronto Area, family law remains divided between the two levels of courts — federal and provincial.

As Treasurer (President) of the Law Society, with a mandate to regulate the legal professions in the public interest and facilitate access to justice for the people of Ontario, I was pleased to see expansion of the Unified Family Courts included in the mandate letters of Justice Minister Jody Wilson-Raybould and Ontario Attorney General Yasir Naqvi.

In June 2017, anticipating a call from the minister of justice for proposals, Ontario submitted a two-phase plan that would see the initial expansion of Unified Family Courts to Belleville, Picton, Pembroke, Kitchener, Welland, Simcoe, Cayuga and St. Thomas. Phase 2 involves expansion to the remaining communities by 2025. I remain hopeful this will occur.

Implementing a Unified Family Court system across Ontario will bring significant and far-reaching benefits. By creating a single, expert court to handle all family legal matters, we will replace a confusing and cumbersome court process with one that is simpler and easier to understand, and which will make family justice services more readily available.

Unified Family Courts provide services that facilitate early resolution and make optimal use of judicial time and resources, and they will help ensure family legal matters are presided over by a judge with astrong commitment to, and expertise in, family law matters.

Access to legal representation continues to be a major barrier for many. Many people are forced to represent themselves, who have little, if any, experience or familiarity with the family law process. Legal aid is unavailable to all but a few. Currently, only an individual making less than $13,635 (gross) — much less than someone working full time on minimum wage would earn — or a family of four making less than $30,384, qualify for legal aid in Ontario.

The case for expansion of Unified Family Courts is clear. As we have passed the halfway point of the federal government’s first term, now is the time to deliver an expanded Unified Family Court.