Submissions and Legislative Updates

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.

In 2021, the Government formed a Special Committee to reform the Police Act. A public consultation was conducted and the final report of this Special Committee has now been published, along with recommendations for modernizing the legislation and policies around policing in BC.

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 The existing rules are outdated and do not reflect the range of options that are used under the court’s inherent jurisdiction when a court order is violated.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.