Browsing by Author "Boyd, J.-P. E."
Now showing 1 - 20 of 38
Results Per Page
- ItemOpen AccessAlienated Children in Family Law Disputes in British Columbia(Canadian Research Institute for Law and the Family., 2015) Boyd, J.-P. E.
- ItemOpen AccessAnalysis of Data from the Federal Justice Divorce File Review Study: Report on Findings for Alberta, 2011(Canadian Research Institute for Law and the Family., 2017) Kleiner, S.; Boyd, J.-P. E.; Bertrand, L.D.; Paetsch, J.
- ItemOpen AccessThe Boomers Are Coming: Economic and Other Issues of Older Individuals(2015-01) Boyd, J.-P. E.; Laing, A.Ours is an aging population. Life expectancy is increasing across the world at the same time as birth rates are falling. According to the United Nations, population of older persons is increasing at a rate of 2.6% per year, outstripping the 1.2% growth rate of the general population; the proportion of people aged 60 and older increased from 8% in 1950 to 11% in 2009, and is expected to climb to 22% by 2050.1 The growing number of older persons is partly attributable to the remarkable economic, medical and technological progress achieved in the last century and partly to the baby boom that the west experienced between 1946 and 1965, and Canada is no exception. Comparing the 2006 and 2011 census results, Statistics Canada reports that the number of people aged 65 and older has increased by 14.1% and reached a record high of 14.8% of the Canadian population. Statistics Canada further reports that of all five-year age groups, the 60 to 64 group is increasing the fastest – followed, in order, by people who are 100 and older, 85 to 89, 95 to 99 and 65 to 69 – and that population aging will accelerate as the boomers gradually turn 65.
- ItemOpen AccessA Brief Overview of Bill C-78, An Act to Amend the Divorce Act and Related Legislation: Part I(2018) Boyd, J.-P. E.Bill C-78 was tabled for first reading in the House of Commons on Tuesday 22 May 2018 by theMinister of Justice. The bill addresses a variety of outstanding issues that have beenaccumulating over the past decade or so and represents the first truly significant amendment ofthe Divorce Act since the present act became law in 1985; the Child Support Guidelines, aregulation to the act, were introduced in 1997. The bill must yet endure second reading, thecommittee process, the report stage and third reading in the House of Commons beforeproceeding to the Senate to repeat the process. There is about a year left in the currentlegislative session within which the bill must pass both chambers or die on the order table.It is possible, but unlikely, that the bill will become law in its current form. Proposals foramendment may be made by both the House and Senate committees and are probable duringthe report stage. At present, the bill represents the will of government but is subject to change;the final form of any resulting legislation is at present unknown. Although other attempts toamend the Divorce Act have been tabled in the past and failed to become law, it is nonethelessimportant for family law lawyers and judges dealing with family law cases to appreciate theamendments proposed in the present bill.The bill proposes a number of significant reforms that will reshape family law in Canada. The billowes much to the legislatures of Alberta and British Columbia. Alberta’s Family Law Act becamelaw in 2003, repealing the former Domestic Relations Act, and replacing language about custodyand access with “parenting orders” that allowed the court to allocate or share the “powers,responsibilities and entitlements of guardianship” among guardians, allocate “parenting time”to guardians and allowed persons other than guardians to apply for “contact” with a child. Thiswas the same approach to terminology taken in British Columbia’s 2011 Family Law Act, whichalso added a lengthy list of factors, including family violence, to be considered in determiningthe “parenting arrangements” that are in the best interests of the child, a test to assist thecourt in determining relocation applications, and a number of admonitions designed to encourage parties and counsel to pursue dispute resolution options other than litigation. Thecase developing in these provinces, British Columbia in particular, may be of assistance ininterpreting whatever changes may eventually be made to the Divorce Act.
- ItemOpen AccessA Brief Overview of Bill C-78, An Act to Amend the Divorce Act and Related Legislation: Part II(Canadian Research Institute for Law and the Family, 2018-01) Boyd, J.-P. E.Also known as the Hague Child Support Convention, this 2007 multilateral agreement is intended to “improve cooperation among States for the international recovery of child support and other forms of family maintenance,” and establishes a procedure under which a person may apply for a support order de novo in another signatory state, referred to in the convention as “Contracting States;” and secure the recognition and enforcement of support orders made by the courts of one signatory state in other signatory states.
- ItemOpen AccessCanadian Bar Association Legal Health Check User Survey Results(Canadian Research Institute for Law and the Family., 2015-05-13) Boyd, J.-P. E.; Wright, A.
- 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.
- ItemRestrictedChildren's Participation in Justice Processes: Finding the Best Ways Forward, Results from the Survey of Symposium Participants(Canadian Research Institute for Law and the Family., 2017-12-01) Paetsch, J.J.; Bertrand, L.D.; Boyd, J.-P. E.Children's Participation in Justice Processes: Finding the Best Ways Forward was a two-day national symposium that brought together a multidisciplinary spectrum of leading stakeholders to share information and dialogue about how the voices of children and youth are heard, how their interests are protected and how their evidence is received in justice processes. The symposium, which was held in Calgary in September 2017, was organized by the Canadian Research Institute for Law and the Family and the Office of the Child and Youth Advocate, and gave the Institute a unique opportunity to survey an informed and involved pool of participants regarding their perceptions and experiences with children's participation in justice processes. This report presents the final results of our survey of symposium participants. The findings from the results are discussed, and recommendations are made for moving forward.
- ItemOpen AccessChildren’s Participation In Justice Processes: Survey Of Justices Of Alberta’s Court of Queen’s Bench(Canadian Research Institute for Law and the Family, 2018-06) Paetsch, Joanne J.; Bertrand, Lorne D.; Boyd, J.-P. E.In September 2017, the Canadian Research Institute for Law and the Family and Alberta’s Office of the Child and Youth Advocate hosted a two-day national symposium to discuss the impact of the legal system on Canadian families, with the goal of generating innovative ideas, new research priorities and best practices around the ways that children participate in legal processes. One component of that project involved the Institute conducting a survey of participants prior to the symposium. The survey collected data on participants’ attitudes on the importance of soliciting children’s views in family law proceedings that affect them, the best ways to determine those views, and the extent to which they have had experience with soliciting children’s views in their work. The resulting report was published in December 2017 (Paetsch, Bertrand & Boyd, 2017). The substantial majority of survey respondents were lawyers; only four judges completed the survey. It was decided that, in addition to the information collected from lawyers, it would be very useful to also solicit the views from the bench on this important topic. The Institute requested and received permission from Associate Chief Justice Rooke of Alberta’s Court of Queen’s Bench to conduct a survey of Queen’s Bench justices on the subjects addressed in the survey of symposium participants. A questionnaire was developed based on the content of the earlier survey to maximize comparability of the two instruments.
- ItemOpen AccessClient and Lawyer Satisfaction with Unbundled Legal Services: Conclusion from the Alberta Limited Legal Services Project(Canadian Research Institute for Law and the Family, 2018-08) Boyd, J.-P. E.This report presents a discussion of the data collected from clients and lawyers through the Alberta Limited Legal Services Project. This work was funded by a project grant provided by The Law Foundation of Ontario, through its Access to Justice Fund, and by an operating grant provided by the Alberta Law Foundation. The Canadian Research Institute for Law and the Family gratefully acknowledges the generous support of both Foundations, without which this research could not have been undertaken.
- ItemOpen AccessCollaborative Settlement: Resolving Disputes After Separation or Divorce(2015-01) Boyd, J.-P. E.
- ItemRestrictedComparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self-represented Litigants and Mediation(Canadian Research Institute for Law and the Family., 2016-04-01) Bertrand, L.D.; Boyd, J.-P. E.This report examines the results of our survey of attendees of the National Family Law Program 2014, and compares the views of Alberta respondents with those from the rest of Canada on a number of issues, including parenting after separation, self-represented litigants and their access to justice, and mediation. The report notes some striking differences between the views and experiences of Alberta practitioners and those from elsewhere in Canada. Alberta practitioners are more likely to: have cases resulting in shared custody or shared parenting; support the amendment of the Divorce Act to use terms such as parenting responsibilities and parenting time; have cases involving self-represented litigants; support mandatory information programs for self-represented litigants; and, support the use of paralegals to improve access to justice for self-represented litigants.
- ItemOpen AccessThe Development of Parenting Coordination and an Examination of Policies and Practices in Ontario, British Columbia and Alberta(Canadian Research Institute for Law and the Family., 2017-12-01) Bertrand, L.D.; Boyd, J.-P. E.This paper reviews the development of parenting coordination in the United States and its adoption in Canada, as well as the findings of the research available to date on parenting coordination, its efficacy in resolving parenting disputes, its efficacy in steering such disputes out of court and its impact on parental conflict. It discusses the practice of parenting coordination in Alberta, British Columbia and Ontario, compares processes and training standards in those provinces, and makes recommendations for the practice of parenting coordination in Alberta, and in Canada generally.
- ItemOpen AccessThe Development of Parenting Coordination and an Examination of Policies and Practices in Ontario, British Columbia and Alberta(2017) Bertrand, L.D.; Boyd, J.-P. E.
- ItemOpen AccessDividing Property and Allocating Debt Under British Columbia's Family Law Act: The Case Law to Date(2016) Boyd, J.-P. E.The division of property and allocation of debt between the parties to a domestic relationship in British Columbia is primarily accomplished through the provisions of Part 6 (pensions) and Part 5 (property other than pensions) of the new Family Law Act, 1 the common law of trusts and a miscellany of related legislation, such as the provincial Partition of Property Act2 and Pension Benefits Standards Act3 or the federal Family Homes on Reserves Act4 and Canada Pension Plan, 5 that also come into play from time to time.
- ItemOpen Access
- ItemMetadata onlyEnforcing Orders for Access: The Views of the Family Law Bar(2013) Boyd, J.-P. E.
- ItemMetadata onlyThe Essential Family Law Act: Cases Every Family Law Lawyer Should Know(2015) Boyd, J.-P. E.
- ItemOpen AccessAn Evaluation of Alberta's Mandatory Early Intervention Case Conference Pilot Project(Canadian Research Institute for Law and the Family, 2018-08) Bertrand, Lorne D.; Paetsch, Joanne J.; Boyd, J.-P. E.Alberta’s Court of Queen’s Bench has implemented a pilot project requiring early intervention case conferences (EICCs) in certain family law cases. The pilot project is one of the Court’s responses to the increasing numbers of litigants without counsel, the short complement of the bench relative to the province’s population and the increasing delays until family law cases can be tried. The EICC pilot project is intended to promote access to justice for families in Canada by providing a means for families to have their family law cases heard expeditiously and settled efficiently.
- ItemMetadata onlyAn Evaluation of the Children's Legal and Educational Resource Centre's Volunteer Family Law Lawyers Initiative(Canadian Research Institute for Law and the Family., 2014) Paetsch, J.J.; Bertrand, L.D.; Boyd, J.-P. E.; Wright, A.