Submissions and Legislative Updates

The provincial government recently tabled Bill 17, the Family Law Amendment Act, 2023, which reflects CBABC advocacy on property division and spousal support.

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.

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 The existing rules are outdated and do not reflect the range of options that are used under the court’s inherent jurisdiction when a court order is violated.

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.