Browsing Research Centres, Institutes, Projects and Units by Author "Bala, N."
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- ItemMetadata only"Best Interests" in Child Protection Proceedings: Implications and Alternatives(1995) Walter, B.; Isenegger, J.A.; Bala, N.
- ItemMetadata onlyCanadian Child Welfare Law: Children, Families and the State(Thompson Educational Publishing Inc., 1991) Bala, N.; Hornick, J.P.; Vogl, R. (Ed.)
- ItemMetadata onlyCanadian Child Welfare Law: Children, Families and the State (2nd Edition)(Thompson Educational Publishing., 2004) Bala, N.; Zapf, M.K.; Williams, R.J.; Vogl, R.; Hornick, J.P. (Ed.)
- ItemMetadata onlyThe Canadian Experience with Views of the Child Reports: A Valuable Addition to the Toolbox?(Oxford Academic, 2016) Bala, N.; Birnbaum, R.; Boyd, J.-P. E.Non-evaluative Views of the Child Reports prepared by legal or mental health professionals are an increasingly popular means of involving children in the resolution of parenting disputes in parts of Canada, but there are no widely accepted standards and significant differences exist in how children are interviewed and how these reports are prepared. This article examines the methods by which children's views are obtained for use in court and non-court dispute resolution processes, reviews Canadian case law on Views of the Child Reports and presents the results of a survey of 65 legal and mental health professionals about their practice and experience preparing Views of the Child Reports. We discuss the benefits and limitations of these reports, the need for clear protocols and the factors that should be taken into account in establishing best practices, as well as the need for further research.
- ItemMetadata onlyThe Child-centred Family Justice Strategy: Baseline Information from Family Law Practitioners(Department of Justice Canada., 2005) Paetsch, J.J.; Bertrand, L.D.; Bala, N.; Hornick, J.P.
- ItemMetadata onlyThe Child-Centred Family Justice Strategy: Survey on the Practice of Family Law in Canada, 2004-2006(Justice Canada., 2006) Paetsch, J.J.; Bertrand, L.D.; Bala, N.
- ItemOpen AccessConsultation on the Voice of the Child at the 5th World Congress on Family Law and Children's Rights(National Judicial Institute and the Canadian Research Institute for Law and the Family., 2009) Paetsch, J.J.; Bertrand, L.D.; Walker, J.; MacRae, L.D.; Bala, N.The purpose of this project was twofold: (1) to identify issues that have arisen, both across Canada and internationally, in attempts to allow the voice of the child to be heard in family law proceedings; and (2) to identify best practices in this area, which can be utilized for jurisdictions that are trying to enhance mechanisms for hearing the voice of the child, and in particular that might be implemented in Canada.
- ItemMetadata onlyControversy about the Role of Children's Lawyers - Advocate or Best Interests Guardian? Comparing Practices in Two Canadian Jurisdictions(Wiley Online Library, 2013) Bala, N.; Birnbaum, R.; Bertrand, L.There is controversy about the role that lawyers for children should play in family proceedings, but little empirical research about what they actually do. This article reports on a study (n = 166) of the experiences and perspectives of lawyers in two Canadian provinces with different policies for the role of children's counsel. Official policies seem to have only a limited impact on the practices of lawyers for children, whether the policies direct lawyers to adopt a best interests guardian or a traditional instructional advocate role. Lawyers generally seem more comfortable adopting an instructional advocacy role, especially with older children. Lawyers who represent children comment on the deep satisfaction that they feel from this work. This article compares the practice of lawyers in the two jurisdictions on a number of issues related to child clients and proposes policy changes to provide better guidance and education for children's lawyers.
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- ItemOpen AccessExercice du droit de la famille au Canada : Résultats d’un sondage mené auprès des participants au Colloque national sur le droit de la famille de 2016(Ministère de la Justice, 2016-10-01) Bertrand, L.D.; Paetsch, J.J.; Boyd, J.-P. E.; Bala, N.Le Colloque national sur le droit de la famille (CNDF), événement biennal de premier plan d’une durée de quatre jours organisé par la Fédération des ordres professionnels de juristes du Canada, est la principale tribune nationale des juristes spécialistes du droit de la famille. Il permet aux juristes de se réunir pour en savoir plus sur les nouveautés et les enjeux liés au droit de la famille, et d’en discuter. Dans le passé, le Colloque a offert à Justice Canada et à l’Institut canadien de recherche sur le droit et la famille l’occasion unique de recueillir des données sur l’expérience et le volume de travail des avocats en droit de la famille et du système judiciaire. Le CNDF, qui réunit des centaines d’avocats et de juges de l’ensemble du pays, a eu lieu très récemment à St. John’s (Terre-Neuve-et-Labrador), du 11 au 14 juillet 2016. Sachant que Justice Canada et l’Institut souhaitaient sonder les participants au CNDF de 2016, la Fédération a demandé aux deux entités de collaborer afin de maximiser le nombre de réponses tout en réduisant le fardeau des participants. Justice Canada a donc demandé à l’Institut de réaliser un sondage sur les enjeux actuels liés à la pratique du droit de la famille au Canada et d'en analyser les résultats.
- ItemOpen AccessHearing the Voices of Children in Alberta Family Proceedings: The Role of Children's Lawyers and Judicial Interviews(Canadian Research Institute for Law and the Family., 2012) Bertrand, L.D.; Bala, N.; Birnbaum, R.; Paetsch, J.J.The survey reported on in this report was conducted in conjunction with a presentation on the voice of the child delivered to members of the Child Welfare section of the Canadian Bar Association – Alberta chapter on May 3, 2012 in Calgary. The session was also available via web-cast to CBA members in Edmonton. An invitation to attend the session was e-mailed to CBA Child Welfare section members during the week of March 26, 2012. This invitation also included a request to members that they complete a web-based Survey of Lawyers about Children’s Participation in Family Disputes by April 20, 2012 and informed members that highlights of the survey results would be presented at the May 3rd session. The invitation contained a link to the survey. During the week of April 16, 2012, a reminder e-mail about the survey was sent to members of the Child Welfare section. The survey contained background questions regarding respondents’ experience in the family law area in general, as well as their experience with representing children in both custody and access and child welfare proceedings. Lawyers who had experience representing children were asked about the characteristics of their meetings with child clients and the type of approach they take to child representation. Participants were also asked about their experiences with and opinions of judicial interviews with children. Other issues explored included whether lawyers tell their child clients the different ways their views can be shared with the court in family cases, at what ages they think it is appropriate for judges to interview children in custody and access and child welfare proceedings, and whether they think it is appropriate for children to testify in open court. The May 3, 2012 session was attended by approximately 65 legal and 20 mental health professionals in Calgary, with an additional 20 viewing the presentation by webcast in Edmonton. A total of 29 surveys were completed by legal professionals. It should be noted that this relatively small sample size precludes generalization of participants’ responses to all family law professionals in Alberta.
- ItemMetadata onlyHearing the Voices of Children in Alberta Family Proceedings: The Role of Children's Lawyers and Judicial Interviews(Canadian Research Institute for Law and the Family., 2012) Bertrand, L.D.; Bala, N.; Birnbaum, R.; Paetsch, J.J.
- ItemOpen AccessHigh Conflict Intervention Programs in Alberta: A Review and Recommendations(Alberta Justice., 2007) Paetsch, J.J.; Bertrand, L.D.; Young, M.; Monna, B.; Bala, N.; Hornick, J.P.This project has reviewed five programs developed and administered by Alberta Justice that deal with complex family law cases. In addition to reviewing relevant literature from other jurisdictions, several data collection strategies were implemented to answer the research questions identified in Section 1.2.1. Specifically, data were collected using the following methodologies: telephone interviews with program managers; review of Family Justice Services files; survey of stakeholders including judges/justices, lawyers, psychologists, social workers, and others; and an analysis of FOCIS evaluation forms supplied by Alberta Justice. Overall Program Success The information collected for this project clearly indicates that Alberta’s programs for high conflict families are successful. Respondents to the Stakeholder’s Survey were very positive about all the programs: a substantial majority thought that the programs were effective in reducing conflict, saving court time and costs, and facilitating settlements in both the short- and long-term (see Chapter 5.0). The Family Justice Services file reviews indicated that, for each program, the number of court orders decreased in the period following the intervention. Moreover, this decrease continued up to 30 months post-intervention (see Chapter 4.0). Participants who attended FOCIS were overwhelmingly positive about the program (see Chapter 6.0). They felt that they were more knowledgeable about the topics covered following completion of the course, that the coverage of the topics was “just right,” and that the course leaders were clear, easy to understand, and knowledgeable. A clear affirmation of the success of the program is the finding that 96% of participants said that they would recommend FOCIS to others. Issues Arising from the Review and Associated Recommendations Family Justice Services Files In conducting the Family Justice Services file review, it was apparent that the completeness of the files varied substantially across programs and locations. This lack of information limited the amount of data that could be collected from the files. Fortunately, obtaining access to the CASES and JOIN systems ameliorated this problem somewhat. The lack of complete data may well affect service provision, as well as research.
- ItemOpen AccessAn International Review of Polygamy: Legal and Policy Implications for Canada(Status of Women Canada, 2005-01) Bala, N.; Duvall-Antonacopoulos, K.; MacRae, L.; Paetsch, J.J.Devising effective legislative and policy strategies for dealing with polygamy in Canada requires an analysis as to how practices associated with plural marriage affect the lives of women. This report seeks to illuminate how life within a polygamous marriage might affect women’s social and economic status, as well as their overall health and well-being. This report also undertakes an examination of law and policy approaches to polygamy worldwide, with a view to assessing whether existing responses to polygamy adequately address the needs, rights and realities of women living within plural marriages. Based on this analysis, recommendations are made as to the most appropriate approach to polygamy in the Canadian context.
- ItemMetadata onlyAn Investigative Guide for Sexual Offences (2nd Edition)(Royal Canadian Mounted Police., 2000) Szabo, A.; Hornick, J.P.; Paetsch, J.J.; Coleman, H.; Woronka, R.S.; O'Sullivan, S.; Bala, N.; Bertrand, L.D.; Craig, J. (Ed.)
- ItemMetadata onlyJudicial Interviews with Children: Attitudes and Practices of Children's Lawyers in Canada(Ingenta Connect, 2013) Birnbaum, R.; Bala, N.; Bertrand, L.Children's lawyers in two Canadian provinces with different policies about the role of children's counsel in family cases were surveyed to explore and compare their experiences and attitudes about their role as counsel and about children meeting with a judge. The majority of lawyers acted as gatekeeepers, often preventing children from having a full range of choices about how to communicate with the court. Lawyers who adopt a traditional advocacy role as opposed to viewing themselves as best interest guardians are somewhat more likely to give their child clients an opportunity to meet the judge. In order to assist the decision-makers who are often making life-altering decisions about children and promote the rights of children, there should be more training and education of justice system professionals on how to support children who want this opportunity to meet with a judge.
- ItemMetadata onlyJuvenile Justice Systems: An International Comparison of Problems and Solutions(Thompson Educational Publishing, 2002) Bala, N.; Hornick, J.P.; Snyder, H.N.; Paetsch, J.J. (Ed.)
- ItemOpen AccessPhase 2 of the Survey of Child Support Awards: Final Report(Department of Justice Canada, 2005) Lorne D. B.; Hornick, J.P.; Paetsch, J.J.; Bala, N.On May 1, 1997, the Federal Child Support Guidelines came into effect with the amendments to the Divorce Act. (The amendments to the Income Tax Act concerning the tax treatment of child support payments took effect on the same date.) The amendments to the Divorce Act requiredthe Minister of Justice to review the operation of the Guidelines and report to Parliament before May 1, 2002. This report has now been tabled in Parliament.1 The Federal-Provincial-Territorial Task Force on Implementation of the Child Support Reforms established a Research and Evaluation Subcommittee to help develop the comprehensive program of socio-legal research to support the review required by the 1997 Divorce Act amendments. Given the profound change in the way child support order amounts are calculatedunder the Guidelines, the Task Force and the Research Subcommittee members agreed that the first research priority was to collect information about support orders and variation orders made on or after May 1, 1997. This analysis is based on data reported from the project's inception, and provides analysis of ongoing periodic collection of information from the courts designed to monitor the use of Child Support Guidelines in Canada and their implementation in family law cases across the country. This report summarizes the interim findings of Phase 2 of the project, which began in the fall of 1998. The report presents the results of the analysis of data collected from the fall of 1998 through November 14, 2003. This report does not include any data from Quebec or Nunavut.