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June 21, 2010

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PAGE 2 NEWS Attorney general at LSUC's family law summit Child protection next target for reform: Bentley O BY MICHAEL McKIERNAN Law Times ntario's attorney gener- al wants to reform the child-protection system as part of an ongoing overhaul of family law in the province. Giving the keynote address at the recent family law summit in Toronto, Chris Bentley said the issue stands out for him. "Many have spoken in par- ticular about the time it takes for child-protection cases to move through the system. Many have spoken about the very difficult and complex is- sues that are faced. We are in- terested in advancing some re- forms that might enhance the protections necessary, speed up the process, and enable us to get to the decision faster." But Bentley warned the au- dience of family lawyers not to expect any more money from the government, instead urging them to come up with creative solutions for systemic problems. "It will be helpful if the an- swers focus on the approach and the process and not necessarily resources," he said. "There aren't additional resources, so the re- forms we are initiating are very much generated from within. Where are the areas where we are using resources where we shouldn't and how do we take those resources and apply them to areas that don't have them?" During a separate discussion on child-protection issues at the summit, panellists reinforced the need for speedy justice. "Children are very anxious about court," said Elizabeth Ke- shen of the Office of the Chil- dren's Lawyer. "They want to know what their future will be." Ontario Court Justice June Maresca said the courts have recognized the detrimental effect court delays can have on young children. "From a child's point of view, access to justice is being able to have a determination in a time- ly way about how they're going to be able to develop and grow and have a healthy life. That's the access to justice we need to be concerned about. If we regu- larly have 20-, 30-day child- protection trials, we're prejudic- ing not only those kids because they take so long to get through but also all the other kids whose trials aren't heard because that trial is taking it all up." Maresca says parties in the family courts have already experi- mented with ways to speed up the system by embracing summary judgment motions often brought by children's aid societies. "Quite frankly, I don't think I see enough summary judg- ment motions," she said. Christine Torry, a lawyer who 'It will be helpful if the answers focus on the approach and the process and not necessarily resources,' says Chris Bentley. represents parents in child-pro- tection cases, said motions for summary judgment force par- ents to be proactive about get- ting their case in order. "You can't just deny, deny, deny. You've got to put your best foot forward. Simply say- ing that the society is wrong isn't going to be successful." Maresca also noted judges can impose limitations on the scope of a trial in order to pre- vent it from going on too long. "We have a system of limited resources and we have a lot of knowledge about what is im- portant for children. So if we're not going to grant a summary judgment, at least we can say, 'These are the issues that are ap- propriate for trial' and restrict timelines. There are lots of ways to boundary a trial a little bit so it doesn't go on forever." Maresca would also like to Atlantic Legal Telephone Directory 2010–2011 INCLUDES E-MAIL ADDRESSES Connect to the east coast legal network Order your 2010-2011 Atlantic Legal Telephone Directory today! Get names, mailing addresses, email addresses and phone numbers for lawyers and law offices in the Atlantic provinces. 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(*Ontario residents must include 13% tax, Atlantic province residents must include 13% HST) To order your copy, go to: see more mediation between parties as an alternative to court time. But child-protection cases present unique challenges for alternative dispute resolution, according to Torry. In fact, she noted guidelines in other family law mediations filter out unsuit- able candidates, such as those with mental-health and addic- tions issues as well as domestic violence victims. "Any [children's aid] cli- ent would be screened out of domestic mediation, so you're starting from a very different perspective. Unless I've got a parent who's very articulate, very aware of the issues, and knows what their goal is, in most cases I would like the opportunity to attend with them." During his speech, Bentley linked the child-protection re- forms to other steps taken by his government in the last year. For example, he highlighted pilot projects underway in Milton and Brampton, Ont., designed to make family law "faster, cheaper, and easier to understand." "That is the universal call from every part of this province," he said. "It's a call from members of the bar, from judges, from members of the public." In Milton and Brampton, litigants get more information about the process before they begin; unsuitable cases are di- verted out of court; and family law information centres benefit from a boost in funding. "The goal is to get to the deci- sion point faster with the mate- rials and the information neces- sary to make the most effective decision," Bentley said. LT June 21, 2010 • Law Times For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Atlantic_Leg_Dir_LT_June7_10.indd 1 www.lawtimesnews.com HA0110 6/2/10 3:47:53 PM ... and much more.

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