Law Times

PAGE 4 NEWS January 26, 2009 • Law Times Report: family law becoming more complex BY ELIZABETH THOMPSOM For Law Times OTTAWA — Family law is becoming more complex with blended families, same-sex mar- riages, and cross-cultural is- sues posing new challenges for lawyers and the courts, accord- ing to an internal federal Justice Department report. At the same time, however, the report says there has been a rise in the number of self-represented liti- gants in the family justice system. A Today's OSC Ontario Securities Commission Legal Counsel (File # 08-64) Investment Funds Branch Are you interested in practicing securities law at a professional organization, dedicated to serving the public? The Ontario Securities Commission is a dynamic organization that regulates the securities industry in Ontario. We are focused on investor protection and instilling confi dence in Ontario's capital markets. Our professional staff work on a wide variety of issues. We support our staff, offering challenging work, encouragement and training. To fi nd out more, visit our website at www.osc.gov.on.ca The Investment Funds Branch manages the regulation of all types of investment funds including conventional mutual funds, exchange traded funds and structured products. Branch staff also develop new rules and policies to adapt to the changing environment of the investment fund industry. As Legal Counsel, you will work on a multi-disciplinary team and be responsible for: • reviewing and assessing product disclosure for all types of investment funds, including prospectuses and ongoing disclosure fi lings • considering applications for discretionary relief from securities legislation and rules • participating in the creation and implementation of new investment fund policy and legislation. We Offer: • A challenging, unique and stimulating work environment • Permanent, full time employment • Competitive salary, benefi ts and a defi ned benefi t pension plan • Incentive bonus eligibility You: • Are a lawyer in good standing with the Law Society of Upper Canada • Have 5 years of relevant experience and sound knowledge of securities law, preferably as it applies to investment funds How to apply: If you are interested in this opportunity to build on your experience while serving the public, • Submit your application to HRrecruitment@osc.gov.on.ca • Deadline for submissions is February 6, 2009 • Please indicate the title of the position and fi le 08-64 in the subject line of your submission review of selected court files showed that in close to half of divorce cases, 46.9 per cent, one or both parties represented themselves. Men were more likely than women to head into court without a lawyer. Those are just some of the find- ings of an internal Justice Depart- ment evaluation of Ottawa's Child- centred Family Law Strategy, one of the latest in a long line of federal government programs dating back to 1985 designed to improve fam- ily law services and policies. The Child-centred Family Law Strategy comes to an end this spring and will be replaced with a new initiative entitled "Support- ing Families Experiencing Sepa- ration and Divorce." Announc- ing the five-year, $122-million initiative last September, Justice Minister Rob Nicholson said the program will "improve access to the family justice system" and "en- courage parents to comply with their family obligations including support and access obligations." In fact, help in enforcing child support orders is one federal government service for which there is an increasing de- mand, the report found. Federal government figures show the number of tracing ap- plications increased by 56.6 per cent between 2003 and 2005/06 and the number of licence denial applications rose 16.8 per cent. During that same period, the number of active summons to in- tercept federal funds rose 8.5 per cent to 168,385 from 155,160. A survey in 2005/06 of the Ontario Securities Commission The Ontario Securities Commission is an equal opportunity employer OntSecurites_LT_Jan26_09.indd 1 1/21/09 11:11:13 AM Senior Litigation Counsel Constitutional Law The Canadian Constitution Foundation seeks part-time or full-time Senior Litigation Counsel for our constitutional litigation and legal research work. The successful candidate can work from any city in Canada, reporting to the Executive Director in Calgary. Senior Litigation Counsel will review and assist with the litigation work and legal research carried out by the Foundation's other in-house counsel, pro bono counsel, and law students. She or he will also assign legal research on constitutional topics to law students and lawyers, and review this work. Further, Senior Litigation Counsel may, if interested, assume direct responsibility for fi les, and appear in court. The ideal candidate will have between 10 and 20 years of litigation experience. Applications from retired or semi-retired litigation counsel, and from retired judges, are welcome. Salary to be negotiated, commensurate with experience and the Foundation's non-profi t status as a registered charity. Resumes with cover letter may be sent, in confi dence, to JCarpay@CanadianConstitutionFoundation.ca. CndConstitution_LT_Jan12_09.indd 1 www.lawtimesnews.com 1/6/09 9:12:59 AM Maintenance Enforcement Pro- gram found caseloads increased in the previous year between one and four per cent in four of seven provinces that report — Ontario, Prince Edward Island, Quebec, and the Yukon. However, the report also says that issues such as spousal sup- port and the division of property are declining as issues likely to re- quire a case to go before a court. While spousal support is still the most likely reason a couple ends up before a judge, the report says between 2004 and 2006 it declined by 5.5 per cent as an issue to 68.9 per cent from 74.4 per cent. During that same peri- od, property division declined as an issue by nine per cent to 35.4 per cent from 44.4 per cent. When it comes to variation cases, one issue that is increas- ingly landing families in court is parental relocation, the report said. While a parent moving was responsible for 64.1 per cent of variation cases in 2004, that had grown to 64.6 per cent in 2006. Variation cases due to custo- dy issues were also rising, to 34.1 per cent of cases in 2006 from 28.2 per cent in 2004. It is also taking less time to re- solve divorce cases, says the report. Despite that fact, the issues involved in those cases are be- coming more complex. "Families are increasingly less stable and more complicated structurally with more common- law relationships, multi-layered blended families, and cultural considerations," wrote the au- thors of the report. "These trends have resulted in increasing the complexity of is- sues in family law." The report also noted an in- crease in the number of cases where the parents have never lived together, "making the resolution of custody and access issues in these situations more complicat- ed." While most single-parent fam- ilies are still headed by women, the number of single-parent fami- lies headed by men is growing at a faster rate (14.6-per-cent growth vs. 6.3-per-cent). The study also identifies emerging issues that require bet- ter understanding and better support for families. "Recently, discussions in the media and academic journals revolving around the best inter- est of the child principle have increasingly included adoption cases and same-sex couples as parents, as well as the increas- ing number of custody decisions where judges award joint custody in terms of legal decision-making. Increasing cultural representation within Canadian society as well as families with blended cultural backgrounds creates additional pressures on the family justice system in terms of resolution." The report says key areas iden- tified by family law professionals that require more attention are custody and access, relocation or mobility, and spousal support. The 68-page report concludes that the federal government's family law strategy has been an effective program — particularly in areas such as drafting federal child support guidelines and fostering educational programs in family law. While one part of the strategy, legislative amend- ments to the Divorce Act, were never implemented, the report said the program adjusted and used non-legislative techniques to influence change in areas such as criteria for the courts to con- sider when determining the best interest of the children in a sepa- LT

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