Appendix I:
Jurisdictional Breakdown of Activities (Part 1)
The following breakdown by jurisdiction highlights many
of the major activities undertaken by our provincial and territorial partners
through the Child-centred Family Justice Fund. While not all services offered
by the jurisdictions benefit directly from funding under the Fund, as a result
of receiving federal funds to contribute to certain activities and services,
provincial resources are freed up to proceed with other innovative actions and
activities. While this is the case for certain activities described below, all
of these activities form an important part of the overall Strategy. As noted
above, the services described do not constitute a comprehensive list of the
family justice services that exist in a province or jurisdiction, but describe services
supported by the Fund.
Newfoundland and Labrador
- Family Justice Services Western (FJSWestern) gives
separating parents an alternative to the court system
for the first time ever in the western region of Newfoundland and Labrador, and will expand province-wide during the fiscal
year 2008‑2009. Services include information sessions for adults
on family law and parenting issues; mediation on custody, access, child support
and spousal support; counselling for adults and children on separation issues;
workshops on communication skills and conflict resolution; support group for
children dealing with separation/divorce; automatic recalculation of child
support.
- The Support Enforcement Division has developed an
electronic interface with the Canadian Centre for Justice
Statistics as well as with provincial applications such as the Judgement
Enforcement Registry (JER) and Family Orders and
Agreement Enforcement Assistance Act.
- A new component was added to the Administrative Recalculation service to allow for automatic and mandatory
recalculation of all child support orders as of July 1, 2001 in accordance
with section 25.1 of the Divorce Act.
- The Support Applications Social Worker (SASW)
program is a service designed to help recipients of
income support prepare applications for child support to be heard in court.
Originally developed in the 1990, the Fund allowed for the expansion of the
program to provide help to all members of the general public. In addition to
helping with the application process, the SASW now provides information on the
Child Support Guidelines and direct clients with regards to the possibility of
resolving issues through mediation.
- CCFJF funding is also used to support the Parent Education
Program that operates in both St. John's
and Corner Brook. This program offers information sessions delivered by
provincial staff that include power point presentations, handouts and videos.
Client feedback is also collected to inform future revisions to the content of
the sessions and better meet the needs of clients.
- Newfoundland and Labrador has also produced a Family
Law Web site that contains both process and
educational information for families experiencing separation or divorce. It
will provide more specific family law information than the existing Provincial
Court Web sites and provide links to other family law information sources.
- Research Division of Justice Canada will be conducting a research project on the impact of recalculation of child
support on the rate of compliance for child support payments. The fund allows Newfoundland and Labrador to be part of that project.
Nova Scotia
- The Parent Information Program assists parents in
identifying the effect of separation and divorce on
children and to identify and practice ways to keep children from getting caught
in the middle. The province continues to collect client feedback information in
relation to its Parent Information Program, which can be used to improve the
service going forward.
- As part of their duties, the Conciliator acts as a high level intake person, and serves to assist negotiation between
parties making an application to the court. The Conciliator is guided by the
responsibility to make appropriate referrals to services and screens for
violence and abuse issues that may affect the appropriateness of certain
referrals and the risk of bringing the parties together to discuss issues.
- The Maintenance Enforcement Program (MEP) is
extending many efforts to keep the Nova Scotia public
informed about the MEP and its mandate. Pamphlets on the MEP services are
available and are widely distributed. A Field Officer carries out
investigations focused on payers who have never paid child support as ordered,
are delinquent with payments and/or for whom MEP cannot find employment
information. The goals of the project are to increase the enforcement rate,
improve recipient satisfaction, increase confidence in the program and reduce
costs to other governmental departments. The province also commissioned an
examination of the performance of its MEP. The researchers analyzed existing
performance measures and evaluated alternative models to the current
administrative system of maintenance enforcement in Nova Scotia.
- Nova Scotia also used the fund to develop a new client file
access Web site that would increase both efficiency and
client service. Electronic transfer of funds by payers to MEP in payment of
their support obligations would significantly decrease the wait times for
release of payments to recipients and reduce non-sufficient fund or lost
cheques. The creation of a Client Access Web site will provide electronic
access by recipients and payers to portions of their files. Reciprocating
jurisdictions within Canada would also be provided with direct access to
specific file information that they require for enforcement purposes. The
technological enhancements would also enable to develop system reports and
ensure data reliability and replication.
- Intake Assistants (IAs) provide information to the
public on child support, custody and access issues. The
IAs coordinate a triage type of service delivery by making appropriate
referrals to the Parent Information Program, conciliation or mediation,
screening for potential violence and identifying assistive services such as
legal aid, income assistance and transition houses.
- The Nova Scotia Department of Justice has developed an Administrative
Recalculation Program to be piloted in areas of the province serviced
by the Supreme Court. The Recalculation Program
provides for the annual recalculation of child support/maintenance orders and
court registered agreements involving the basic table amount of child
maintenance in sole, joint (not shared) or split custody cases.
- Two Family Law Information Centres (FLICs), one in Sydney and one in Halifax, operate with the goal of serving
self-represented clients in understanding and accessing the family court. By
providing free legal information and basic assistance, the FLICs are able to
provide information to Nova Scotians with regard to: court processes and forms,
how to find a lawyer, alternatives to court, effects of separation and divorce
on children, and services available in the community.
- In 2008, the On-Line FLIC was launched. The aim of the on-line
FLIC will be to enhance the services currently
provided in their on-site FLICs by providing an easily accessible method in
which clients can increase their knowledge of court processes. Nova Scotia has developed Web site and the content is aimed at empowering self-represented
litigants to adequately represent themselves throughout the family justice
process. The Web site content includes: an on-line interactive forms; linkages
to existing internet resources; promotion of the existing Family Law
Information Centres; information about family law programming currently
available including mediation, supervised access, conciliation, summary advice,
parent information, etc.
Prince Edward Island
- Prince Edward Island has used the fund for its Positive
Parenting from Two Homes program. The program is extensively promoted
through a variety of media advertisements and community
agencies and participation includes a copy of a Parent's Manual. A three-year
evaluation considered implementation as well as impact and outcomes
assessments. The evaluation indicated that participants reported a significant
increase in the level of understanding of co-parenting issues, mediation and
support services. Results also indicate that the program has helped with
parents' adjustment to parenting from two homes and that there was a
significant decrease in conflict after attending the program.
- One of the most promising activities under the Family Justice Initiatives
component of the Fund, is Prince Edward Island's Positive
Parenting From Two Homes: For Kids program. This child
education program builds on the parent education program developed by the same
province. Objectives include educating children about separation, divorce, and
having parents in two homes; providing children with age-appropriate activities
through which to process their thoughts and feelings; and providing a
supportive, neutral environment for children to explore their feelings.
Evaluation conclusions support the continuation and expansion of the “For
Kids!” program. Ninety percent of parents surveyed reported improvements in
children's emotional health after attending the program. The program will be
offered in the community and in three elementary schools. It is also intended
to present the program in other schools. They will continue to network with daycare
facilities to provide some age appropriate services to pre-schoolers using the
storybook, “Dinosaurs Divorce”, while the parents are attending the “Positive
Parenting from Two Homes” Program.
- The province also used the fund to provide mediation services. Mediators
deal with family law issues of custody, access and
child support. Participation in the mediation service is voluntary. One
part-time mediator is available in Charlottetown. She also travels to sites
outside of Charlottetown as required. There are also two family court
counsellors who mediate cases where there is a conflict of interest and
overflow. Each couple who use this province-wide mediation service is eligible
for up to eight sessions or twelve hours free of charge.
- The province has worked with the Community Legal Information
Association (CLIA) to develop, organize, implement and evaluate a pilot
family law information program. Existing PEI educational resources and
opportunities were reviewed, key stakeholders were consulted, and the content
and format of a short informational/educational family law information program
for self-represented litigants in family law was developed. An evaluation tool
for collecting feedback from presenters and participants at the pilot family
law information program was developed. Presenters and participants were
identified and contacted to participate in the pilot family law information
program. An evaluation report was written, including recommendations for future
delivery.
- The Administrative Recalculation of Child Support
Regulations came into force in September 2003 after the Administrative
Recalculation Office opened in Charlottetown in July of that year. This office
conducts recalculations of child support where the original order provides for
the automatic administrative recalculation of child support on an annual basis
but the discretion of the court is not required and it serves all of PEI in both official languages.
- The province also created a Section 7 Enforcement Officer to deal with complicated issues relating to the
often ambiguous court-ordered section 7 expenses. This officer conducts
calculations and enforces payment where possible and communicates with the
client where enforcement is impossible due to insufficient specificity of the
initial court order. The provincial enforcement office has also collaborated
with the Information Technology Management Group to create an automated bank
reconciliation system. This system is integrated with the Maintenance
Enforcement Program's existing system and will save the Enforcement Officer's manually
tracking payments and allow their time to focus on managing files.
- The other new position facilitated by the CCFJF is the Intake
Enforcement Officer whose role is to provide
administrative support to the Enforcement officers and deal with basic client
interaction. That has significantly streamlined calls through the office,
reduced the time to respond to client calls, and increased the number of
clients accessing an enforcement officer for the purpose of enforcement.
- PEI hires a university student
to work on a Maintenance Enforcement Program Client Satisfaction Survey
Project. The objective of the project is to provide the best service delivery
to clients by obtaining feedback from clients on the needs of clients and the
strengths and weaknesses of the program.
New Brunswick
- For the Sake of the Children is a parent education
program delivered in 13 locations throughout the province, and is designed
to assist separating parents in reducing parental
conflict and the negative effects it has on their children. It is offered to
the public at no charge. These sessions are
designed to send a consistent message to participants, and to also reach those
with lower literacy levels. The Parent
Education Script/Handout Material will be modified
and the content for the Part B, low and high-conflict options, will be combined
as one program.
- The Child Support Variation Service (CSVS) is a
pilot project for all cases where motions to vary child
support orders are filed, both the applicant and the respondent must appear
before a Conciliation Officer who meets with both parties, reviews the evidence
provided, ensures necessary documentation is present and calculates a new child
support amount. As part of an evaluation of the CSVS program, a legal research
firm was retained to prepare and deliver an evaluation design report with
survey questionnaires. The evaluation for the CSVS program was conducted in
2004‑2005 and completed by fall 2005.
- The Court-Ordered Evaluations Support Program (C‑OESP)
is a mechanism that provides financial assistance for
the costs of court-ordered evaluations to qualified parties (those for whom the
costs of such evaluations could cause financial hardship). C‑OESP
optimizes the use of available funding to assist the maximum number of parents
at the lowest possible administrative expense. Eligibility for assistance is
determined by using a financial means test (sliding scale).
- Family Support Order Services (FSOS) enforces
support orders for beneficiaries to ensure the
financial contribution of payers. A comprehensive project to renew the FSOS
encompasses a number of interrelated initiatives, including stabilization of
the business application used by FSOS and its eventual replacement with a
comprehensive case management system; a legislative reform package;
revitalization of the Programs organizational structure, including staffing and
policy and procedure revisions. Under the FSOS, New Brunswick operated a Target
Enforcement Pilot Project. This project targeted support orders where
the beneficiary was receiving income assistance from the province and
concentrated work on those files with a single enforcement officer. This
project produced a notably higher collection rate and resulted in change in the
structure of the Saint John Judicial District caseload.
- The toll-free Family Law Information Line is
staffed by a trained individual who provides callers with
general family law information, such as child support guidelines information.
Participants for the Parent Education Program register for classes through this
toll-free line.
- New-Brunswick used the fund to enhance the enforcement
capabilities of the new automated system to support the Maintenance
Enforcement Program. The fund also allowed
New-Brunswick to redesign the Interactive Voice Response to integrate
with the new MEP computer system functionality.
- During 2008‑2009, New-Brunswick was planning to design
pamphlets for new Program capabilities (i.e.
“How to make payments on-line”, and “Payment Orders”.
- New-Brunswick was also planning to hold a Parent Education
workshop in Fredericton for the facilitators and
hold orientation sessions for new Facilitators, if necessary. Information
sessions were also planned for the public at the annual Canadian Bar
Association meeting on the Parent Education Program as well as the Child
Support Variation Service program (CSVS).
Quebec
- Justice Quebec is pursuing an action plan with the intent to
improve their operational activities and evaluate the
legislative reforms to ensure that the objectives targeted by the legislation
are met. Justice Quebec will continue to offer ongoing projects such as the
group information sessions on family mediation, promoting the mediation program
(17,000 mediation cases per year) and the Règlement sur la fixation des
pensions alimentaires pour enfants (respecting Quebec's model for the
determination of child support)through advertisements and brochures
distributed to practitioners and at various courthouses throughout the
province. More information about these services is available on the Justice Quebec
Web site.
- Justice Quebec revised the provincial mediation procedure that existed before the recent family law
reforms, offering up to six mediation sessions to parents who are separating or
divorcing. The mediation process remains voluntary.
- Revenue Quebec's Maintenance Enforcement Program is
promoted through an awareness campaign addressed at
judicial officials, payers and recipients. They also provide additional
training to the interveners involved in the Program and undertaking a
feasibility study on the withdrawal of professional licenses for non-payment of
child support. Revenue Quebec will also continue to make technical changes to
their computer system to improve their accounting services, increase staff
productivity and improve client services.
- The Quebec Justice Department is conducting a study that will
give a profile of spousal support orders pronounced
by Quebec Superior Court. The study will also allow the comparison of that
profile to the one we had for the Spousal Support Advisory Guidelines. They are
also planning a research on family justice in Aboriginal Communities that aims
at identifying the family justice-related needs of these communities.