FamilyCounsel.ca

Proposals

These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.


Proposal: Amend the Family Property Act to confirm that those contemplating becoming AIPs can enter into agreements, and rescind s 37(5)
Property - Nov 23, 2023

Ken Proudman of BARR LLP (Alberta)1 Comment

The old Matrimonial Property Act's section 37(2) contained a term stating that individuals could enter into agreements contracting out of the MPA in contemplation of marriage. This was replaced by another term in the FPA, and there is no longer any reference to contemplation of marriage. Section 37(1) reads "...if, in respect of that property, the spouses or adult interdependent partners have entered into a subsisting written agreement with each other..." While I would hope that would be interpreted to only refer to their subsequent status, there's a risk that could be interpreted to mean that they need to be spouses or AIPs to enter into agreements.

Even more dangerous is section 37(5), which reads "An agreement under subsection (1) that is entered into by a person purporting to be an adult interdependent partner, knowing or in circumstances in which the person ought to have known that there was no valid adult interdependent relationship within the meaning of the Adult Interdependent Relationships Act, is unenforceable by that person." It's inevitable that childless couples will sign agreements calling them AIPs before the three year mark, without realizing that they've entered into an invalid agreement. It will also inevitably lead to much litigation where people dispute their AIP status. I don't see any benefit from leaving this provision in, if people are using agreements for fraudulent purposes such as obtaining financing then there are other remedies.

91% in favour out of 34 votes


Proposal: Mediation should be used in child welfare matters
Child Welfare - Nov 9, 2023

Cynthia A. Murphy of C.A. Murphylaw (Alberta)5 Comments

While practicing in BC, I hardly ever ran a trial in a child welfare matter. Instead, liberal use of mediation was used. The mediators were not lawyers but they had the mediation course as well as a specialized course in mediating child protection matters. The mediations include all parties, lawyers, social workers community support individuals, extended families, foster parents (sometimes) and elders. They could easily involve 8 to 12 participants or more. Almost all matters came to some resolution from these. Sometimes there would be more than one mediation during the course of the matter. Avoiding trial means the parents are not sitting in a courtroom hearing terrible things said about them which they find personally devastating. It frees up court and trial time for other matters.

89% in favour out of 18 votes


Proposal: If Legal Aid Alberta has limited resources for Family matters, the priority should be individual Certificates rather than Duty Counsel services (disagree if you believe the opposite).
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

46% in favour out of 24 votes


Proposal: Additional resources for Legal Aid Alberta earmarked for Family matters would assist in addressing the challenges of self-represented litigants in the Court.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

93% in favour out of 28 votes


Proposal: There should be a separate Family Docket list for self-represented litigants, and matters either separated or matters with lawyers permitted to be heard first.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

97% in favour out of 33 votes


Proposal: More efficient online registration mechanisms should be implemented for Family Docket.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)3 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

100% in favour out of 18 votes


Proposal: Judicial resources should be made available to provide increased access to Judicial Dispute Resolution and EICCs.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

100% in favour out of 25 votes


Proposal: Duty Counsel should be made available at all access points to the Court for self-representing litigants, and for any Family hearing.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)2 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

69% in favour out of 16 votes


Proposal: There should be a clearer definition of what is “urgent” (with specific examples) for access to urgent hearings or procedures available to bypass Family Docket.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

100% in favour out of 23 votes


Proposal: A judge should have the discretion to waive the ADR requirement where there are emergencies.
Members - Nov 8, 2023

Ken Proudman of BARR LLP (Alberta)0 Comments

Alberta Justice, in conjunction with the Courts, has sought feedback relating to its Family Justice Strategy. AFLA is seeking feedback from its members to gauge support for the initiatives in the process of being implemented, and to feed into ongoing Family Justice Strategy advocacy.

Please vote and leave your comments, so that we can compile AFLA’s input for submissions now and in developing an advocacy platform going forward. Comments and votes may be forwarded to government and external organizations.

If you think that there should be exceptions, please leave them in the comments. AFLA doesn’t have a position on any of these issues yet, but after gauging our membership’s support or concerns we intend to advocate on your behalf.

Please respond and leave your feedback by NOON THIS FRIDAY, November 10, 2023. However, if you vote or leave comment afterwards it may still be helpful as it informs our longer-term approach.

96% in favour out of 25 votes













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