CBABC has delivered a submission to the Supreme Court of British Columbia requesting a return to virtual Chambers hearings for short matters in civil and family law proceedings with the ability to obtain in-person appearances where circumstances warrant.

On July 18, 2022 the Court of Appeal Act, S.B.C. 2021, c. 6 will be brought into force along with new Court of Appeal Rules. The new rules clarify existing procedures, simplify language and make the appeals process more efficient.

The Government has responded to CBABC’s briefing note on section 203 of the Family Law Act, which recommends changes to reduce existing barriers in appointing counsel to assist children.

CBABC has made a request to the Deputy Attorney General to amend section 203 of the Family Law Act. The current section creates a higher threshold to meet before the court can order a legal representative for a child who is involved in a family law matter. The proposed amendment would align the BC legislation with other jurisdictions by removing barriers to appointing counsel to assist children with their rights.

The Law Society of BC (LSBC) reviewed a report of their Access to Justice Advisory Committee in the fall of 2021 which looked into ways to improve access to justice in family law disputes. CBABC prepared a written submission with recommendations and further considerations for both LSBC and the BC Government as improvements are made to alleviate challenges for those needing to resolve family law matters.

The Rules of Contempt are under review by the BC Supreme Court Civil and Family Rules Committee (Rules Committee). The existing rules are outdated and do not reflect the range of options that are used under the court’s inherent jurisdiction when a court order is violated.

The Government has introduced a program that reviews eligible orders and written agreements for child support; this expansion follows a pilot program offered in Kelowna and changes to the Family Law Act have expanded that program. This free service will help BC families identify adjustments needed to child support.

On April 4, 2022, a number of amendments to the Supreme Court Civil Rules, B.C. Reg. 168/2009, and Supreme Court Family Rules, B.C. Reg. 160/2009, came into force.

The provincial government has introduced an Attorney General Bill for amendments to the Civil Resolution Tribunal Act, Notaries Act and Legal Profession Act.

The provincial government has introduced an Attorney General Bill for amendments to better serve British Columbians by improving access to services and making it easier to handle cross-border child support matters.  The Bill includes amendments to the Interjurisdictional Support Orders Act.

Family Law Act regulations regarding child support recalculation (“Part 5”) have been amended by the government and take effect Mar 1, 2022.

CBABC requests that the Province of British Columbia commit to meaningful change to address systemic inequality. Indigenous communities deserve a unique and collaborative approach to justice that addresses the issues prevalent within their population.

In September, the Court Services Committee of CBABC made a submission to reform court scheduling entitled Modernizing the Supreme Court of British Columbia’s Scheduling System for Civil Matters. The Chief Justice of the BC Supreme Court has considered this submission and provided a letter in response.

CBABC’s Family Law Working Group has prepared this submission which contains recommendations to modernize the child protection system in BC. Legislative and policy reform is long overdue, and change is needed to protect the most vulnerable in our society. This submission highlights the most critical issues and establishes a plan designed minimize harm to children who are part of this system.

Guided by members’ concerns and recommendations, CBABC prepared a written submission to the Supreme Court of British Columbia and the Ministry of Attorney General with recommendations to improve efficiency of court scheduling and e-filing.

CBABC was invited to present before the Standing Committee on Finance and Government Services as part of a public consultation by the provincial government for the 2022 budget.

As the COVID-19 pandemic accelerated a digital transformation of BC’s court system, access to justice increased, but some people are being left behind. CBABC identifies those people, suggests some considerations to follow, and invites dialogue with the courts, Court Services, Justice Services and the Law Society of BC to ensure no one is left behind.

On July 9, 2021, CBABC delivered its final submissions to the Commission of Inquiry into Money Laundering in British Columbia. CBABC received joint standing with the Criminal Defense Advocacy Society to participate in the Commission in the fall of 2019. Our participation and submissions were not to overlap with those of the Law Society of BC.

CBABC responds to a call for public comment on a consultation paper from BC Law Institute to modernize the Child, Family and Community Service Act (CFCSA) for the government to reform BC’s main child protection law.

This submission is being made on behalf of the Children's Law Section of the Canadian Bar Association, British Columbia Branch. It has been prepared by the Executive Committee of the Children’s Law Section.