Law Times

November 7, 2011

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Law Times • November 7, 2011 An online resource 1.800.263.3269 Focus On FAMILY LAW Family lawyers hail Bentley's record But practitioners have long wish list for Ontario's new attorney general BY JUDY VAN RHIJN For Law Times F amily law practitioners who have been involved in the recent family court reform movement are shocked and disappointed at the recent cabinet shuffl e that removed Chris Bentley from the attor- ney general's position. As a result, lawyers are won- dering whether the reform movement will lose its energy now that Bentley has gone to the energy portfolio. At the same time, they have a wish list of concerns to off er his replace- ment, John Gerretsen. Dr. Barbara Landau of Co- operative Solutions in Toronto says Bentley was defi nitely an activist in getting the fam- ily law reforms moving and would have preferred to have continuity in the ongoing pro- cess. However, she's optimistic that the changes made so far will stick. "I feel suffi cient re- sources have been put into the changes to sustain them in the long run," she says. "Th e roller- coaster is rolling." Tom Dart of Barriston Law LLP in Barrie, Ont., is also la- menting Bentley's departure. "Given the restrictions on his budget, we were pleasantly surprised and pleased to work with him," says Dart. "He introduced the reforms and started to make changes to the family law rules as well." London, Ont., lawyer Alf Mamo, who wouldn't say the work is fi nished "by a long shot," believes Bentley used all of the resources he had. "Th at was a great accomplishment given the economic climate," he says. Judith Nicoll of McInnis & Nicoll in Toronto was sur- prised by the change but says her sense was that Bentley had done everything he intended to do. She's not too worried that the recent reforms will lose steam. "Th ere is considerable will amongst the judiciary and the bar to continue with these family law reforms and a lot of public appeal because it touch- es so many people's lives." Dart feels that although Bentley did all he could, there are still a few more areas to work on. "Inroads have been made, but procedurally the four pillars haven't really taken off ," he says. "Th ere needs to be more funding to make that happen. We are also hoping for good critique as time goes on and improvements." Th e new attorney general is John Gerretsen, who was a legal practitioner in Kingston, Ont., prior to his jump to political life. He describes his practice as encompassing just about everything that a practitioner in a smaller community does, including a substantial amount of family law. While he's not fa- miliar as a practitioner with the four pillars approach coined by Bentley, he followed the re- form package's passage through the legislature with interest and considers them to be a signifi - cant improvement. When asked if he'll be con- tinuing the process of over- seeing and fi ne-tuning those reforms, he's categorical in his support. "Absolutely. I always felt that the amount of pa- perwork, repetition, and fi ling required in family law mat- ters bogged down the system. Th ese reforms emphasize the need to get to the issues a lot quicker." Th e family law bar already has a wish list for his atten- tion on the reforms that are in place. "My biggest concern is that there is no funding for the education process," says Landau. "Professionals, me- diators, and lawyers are ex- pected to give up their time voluntarily. Th e experience in Toronto was that people were very enthusiastic initially, then the roster dwindled. You need consistency and stability in the system, which you don't get when people volunteer once or twice and then never do it again. You don't get qual- ity if you are not paying even a small honorarium, as other provinces do." Dart agrees. "We are de- pending on volunteers for the mandatory information pro- gram and the dispute resolu- tion offi cer program. Th ere are 16 lawyers on the roster in Bar- rie who give up a full day six times a year. I don't know how long that can be sustained." Dart would also like to see more attention towards the information and referral co-or- dinator. "Th e position is there, it's established, and it's work- ing, but we were hoping they would be really well trained so they can direct people in the right direction and we would like a little more authority in that position. I wouldn't want to throw it out, but it needs more work and more money." As for future changes, already on Gerretsen's radar. "I have always thought 'The introduction of the Unified Family Court is the ultimate goal,' says John Gerretsen. there's a loud and consistent call for the implementation of the Unifi ed Family Court across the province. "Th e four pillars are not an end unto themselves," says Mamo. "Th ey are intended to hold up a building, and that building is the Unifi ed Family Court. Th e reforms already imple- mented are a big step towards making each court site Uni- fi ed Family Court-ready." Landau would like to off er Gerretsen the gift of an item that would make a big diff er- ence in the province. "I would urge minister Gerretsen to be the attorney general who fo- cuses on bringing in the Uni- fi ed Family Court," she says. As it happens, the issue is there was something lacking in the system when divorce and property settlement were dealt with in one court and support matters and custody and access were dealt with in another," he says. "It is obvi- ously the way to go that all the issues should be determined at the one time. Th e intro- duction of the Unifi ed Fam- ily Court is the ultimate goal; however, in this day and age, it's always a matter of resourc- es. I need to delve into what resources there are before I can determine if that is realistic." Th e other issue Gerretsen is eager to address is the decline in legal aid for family law mat- ters. "Th ese are major decisions that aff ect people's fi nances and lives for many years to come," he says. "People need good and adequate representation." Gerretsen says he's looking forward to making a diff erence in his new role. "We have to en- sure that the people of the prov- ince are best served by the legal systems we have in place." 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