Your search
Results 2 resources
-
Family law is evolving towards non-adversarial dispute resolution processes. As a result, some family lawyers are representing clients who are trying to reach settlements that recognize their interests, instead of just pursuing their legal rights. By responding to the full spectrum of client needs, lawyers are required to behave differently than they do when they are representing a client in a traditional civil litigation file. They consider the emotional and financial consequences of relationship breakdown – things that are not typically within the purview of the family law lawyer. They objectively reality check with their clients, and they approach interest-based negotiations in a client-centric way. These lawyers view their role as that of a non-adversarial advocate, and their clients as whole people with interests that are not just legal. This paper draws on an empirical study involving focus groups with family law lawyers, to argue that the Federation of Law Societies of Canada’sModel Code of Professional Conductneeds to be updated to incorporate non-adversarial advocacy. The lawyers in the study viewed non-adversarial advocacy as being responsive to client needs, and in the interest of clients’ children. This paper draws from the study to establish what constitutes non-adversarial advocacy and then it presents a proposal for revising Rule 5 (Advocacy) of the Model Code.
-
Intimate partner violence [IPV] causes myriad and gendered harms, but Canadian law has inconsistently provided avenues of economic redress. Although tort law has evolved to allow IPV survivors to seek compensation, tort-based remedies are sought rarely and largely limited to intentional torts such as assault, battery, and the intentional infliction of emotional distress. These torts do not always encompass the harms sustained by IPV survivors, particularly those caused by economic abuse and coercive control. In Ahluwalia v Ahluwalia, a 2022 family law case, Justice Renu Mandhane responded to this gap in the law by recognizing a new tort of family violence, but her decision was overturned by the Ontario Court of Appeal in 2023, and the case is now before the Supreme Court of Canada. Our paper provides a feminist analysis of the role of tort law in providing compensatory remedies for survivors of IPV. We situate tort remedies and Ahluwalia within the wider context of Canadian laws addressing IPV and feminist critiques of tort law and theory. This wider context raises issues about access to justice and socio-economic responses to IPV for members of marginalized groups in particular. We also examine how myths and stereotypes have influenced this area of law and the role of lawyers and judges in this respect, including in Ahluwalia. We conclude that recognition of the tort of family violence is an important but limited step forward in compensating the harms of IPV, and we urge governments to do more to systemically remediate these harms.
Explore
Resource type
Publication year
-
Between 2000 and 2026
(2)
-
Between 2010 and 2019
(1)
- 2018 (1)
-
Between 2020 and 2026
(1)
- 2024 (1)
-
Between 2010 and 2019
(1)