Law Times

Page 10 June 22, 2015 • Law Times www.lawtimesnews.com FOCUS lAO boosts assistance in domestic violence cases Certificate changes follow spate of announcements in family law sphere By Michael Mckiernan For Law Times dvocates for victims of domestic violence have hailed new eligibility rules that will make it easier for them to get representation on legal aid. In May, Legal Aid Ontario boosted the income eligibil- ity thresholds for its certificate program by 45-67 per cent for those experiencing domestic violence depending on the size of their family. Individuals nor- mally need to have an income below $12,135 to be eligible for a certificate, but applicants who are victims of domestic violence will now qualify with an income of up to $20,225, a rise of about 67 per cent. For applicants supporting a family of five or more, the thresh- old increased by more than 60 per cent to $48,315 from $30,016. "The increased financial eligi- bility will allow more individu- als who have experienced or are experiencing domestic abuse to access the legal advice and assis- tance they need to navigate the complex legal process they must face," said a statement from Mi- chelle Squires, who's leading the development of a domestic vio- lence strategy at LAO. Pamela Cross, legal director of Luke's Place, a support and re- source centre for women navigat- ing the family law process after leaving abusive relationships in Durham Region, says the level of legal representation among wom- en using the centre has plum- meted over time. "When I started, well over 80 per cent were legally represented," says Cross. "Right now, more than 80 per cent are unrepresented, so this change in eligibility is like a god- send for us. These are substantial increases, so there will be a lot of people who will now be able to qualify for legal aid and continue to be supported for us. It makes a lot of difference because family law is complicated enough even without a history of abuse. Ex- pecting people to figure it out is a big challenge. When you add in domestic violence, what is chal- lenging for most people becomes potentially life threatening for those women." Cross says the period after separation is a particularly vul- nerable time for women leaving abusive relationships. "Lawyers don't get rid of all the problems, but at least you have a professional who under- stands the process and can tell her what her rights are. It means we're not the only line of sup- port, which frees up our legal support workers to help manage their way through the system and collect evidence," she says. Without lawyers, Cross says the family law process can be in- timidating for women given the repeated contact with the abuser they've tried to f lee. "Abusive partners can use the system in a bullying way by refus- ing to compromise or follow or- ders from the court," she says. "Often, abusers will have sup- plied incorrect information about family law as a way to keep these women in the relationship. They might say, 'I make more money than you, so I'll get the kids,' or, 'If you move out, you'll lose the right to the money in the house.'" Ivana Vaccaro, managing partner at Toronto firm Raviele Vaccaro LLP and a member of LAO's family law panel, says she can't believe some of the agree- ments her clients have entered into with their former partners while representing themselves be- fore coming to her. "It makes you want to pull your hair out sometimes," she says. "But they're up against their abuser, they have no idea how the system works, they can't afford the time off work to go to court, and they just want it all to be over. There are so many complicated reasons why they agree to these orders, but it all comes down to the fact that they couldn't get the representation they needed." Vaccaro says the vulner- ability of victims of domestic abuse means they often require particularly sensitive treatment from their lawyers once they've managed to get representation. She says gaining the client's trust can be one of the toughest jobs in those cases. "They've gone through quite an ordeal and are coming from a situation where they feel they can't trust anyone," says Vaccaro. "You can't just be a one-di- mensional lawyer with victims of domestic violence. You're go- ing to face challenges in terms of communication. They may not be ready to open up right away; they may not want to disclose certain things about the relationship for religious or cultural reasons; and it may take a number of appoint- ments to gather all the informa- tion you need. A lot of it is about having them understand that I'm here for them and that I have the time to sit and listen to them." Vaccaro says the increased threshold for legal aid eligibility is great news for victims of domestic violence but notes that in an ideal world, the levels would be even higher. "It is a step in the right di- rection, but for an individual with an income of $20,000, that's be- low the minimum wage," she says. "Domestic violence is not some- thing that only affects people in lower income brackets." Cross, however, sees positive signs in the spate of positive LAO announcements on the certifi- cate program following its recent funding boost from the provin- cial government. In June, a fur- ther expansion included a plan to pay for more domestic violence community hubs in partnership with organizations such as Luke's Place. In addition, LAO lifted the bar on certificates for victims of domestic violence who are them- selves facing criminal charges re- sulting from attempts to defend themselves. LAO previously de- clined to fund those matters due to the unlikelihood of a jail sen- tence for such offences. "Even if you're not likely to go to jail, there are other substan- tial potential consequences," says Cross. "It's a very exciting time for us. We have been working and advo- cating for some of these changes for 30 years, so to see them finally starting to come and in pretty sig- nificant ways is wonderful." LT New Edition Annual Review of Family Law 2014 Alfred A. Mamo and the late James G. McLeod (Founding Editor) New in this edition Highlights of important case developments of the past year include: • Can a Court give a parenting co-ordinator the authority to make parenting decisions? (Derocher v. Klementovich (2013 Alta.C.A.); Marques v. Raulino (2013 Ont.S.C.); McCall v. Res (2013 Ont.C.J.); Silverman v. Silverman (2013 B.C.S.C.)) • Can a spouse transfer pension benefits in a separation agreement? (Vladescu v. C.T.V. Globe Media Inc. (2013 Ont.C.A.); Bigstone v. Bigstone Estate (2013 Sask.C.A.)) • How are the Courts interpreting B.C.'s new relocation law? (Berry v. Berry (2013 B.C.S.C.); R. (L.J.) v. R. (S.W.) (2013 B.C.S.C.); Hadjioannou v. Hadjioannou (2013 B.C.S.C.)) • Does litigation privilege apply to Children Welfare cases? (Chatham-Kent Children's Services v. T. (R.) (2013 Ont.C.J.); Children and Family Services for York Region v. H. (L.) (2013 Ont.S.C.)) • Does the joint family venture analysis apply to unjust enrichment claims between married spouses? (Martin v. Sansome (2014 Ont.C.A.)) • Is misconduct outside the marriage a relevant factor for spousal support under the Divorce Act? (Racco v. Racco (2014 Ont.C.A.)) • What percentage change in the payor's income will constitute a material change in circumstances? (Hepburn v. Hepburn (2013 B.C.C.A.)) • Does a court have jurisdiction to vary retroactively consent interim orders for child support at trial? (G. (J.S.) v. G. (M.F.) (2013 Man.C.A.)) • Is a parenting order subject to a review in six months interim or final? (N.S. v. C.N. (2013 Ont.C.A.)) • What are the principles that should be considered in a claim for occupation rent? (Casey v. Casey (2013 Sask.C.A.)) Manage the issues that are reshaping family law Order # 986150- 65203 $165 Hardcover May 2015 approx. 1260 pages 978-0-7798-6150-7 Annual volumes available on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00229UA-A49654 Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 September 8, 2015 | Four Seasons Hotel Toronto Emcee Gail J. Cohen, Editor in Chief, Canadian Lawyer/ Law Times 6 p.m. – Cocktail Reception 7 p.m. – Gala Dinner and Awards Presentation Seating is limited | Business Attire For Table Sales and Sponsorship inquiries, please contact CarswellMedia.Sales@thomsonreuters.com or call 416-649-8841. Platinum Sponsor Bronze Sponsor For further information please visit www.innovatio-awards.com Media Sponsor CLII1723-2015 Invitation Print ad 5.8125x6.625.indd 1 2015-06-18 4:17 PM A

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