Confusing domestic violence for high conflict can pose significant risks to the family, something family law professionals need to be aware of and assess in their clients. In family law, 'high conflict' often describes challenging relationships between parents. However, beneath this label … [Read more...]
Working with Clients Who Have Experienced Family Violence: Being client-centered and trauma-informed
Calgary Legal Guidance's Domestic Violence Family Law program is constantly learning and growing to better hear, understand and serve its clients. Calgary Legal Guidance (CLG) is a non-profit organization offering a range of legal services to those who cannot easily access Legal Aid or other paid … [Read more...]
The Divorce Act and Invisible Abuse: Coercive control in family law
Coercive control, regularly at the heart of family violence, is now listed in the Divorce Act as a factor in the best interest determinations for children. The Divorce Act, as amended in March 2021, lists coercive controlling behaviours as a factor in best interest determinations for children. This … [Read more...]
Family Violence and Family Law in Alberta: The need for legislative reform and expansive statutory interpretation
Alberta has made some progress in its response to family violence, but there are areas where we are falling behind, including family law. November is Family Violence Prevention Month in Alberta, providing a good opportunity to reflect on the laws that address family violence in this … [Read more...]
The State is in Your Home: Courts punish poor parenting
In the middle of a pandemic, are our children really safe? Two Ontario courts recently punished poor parenting: the Ontario Superior Court in R v CO et al and the Ontario Court of Appeal in R v Lis. Both of these decisions were released during the pandemic and after the Crown had appealed the prior … [Read more...]
Sexual and Other Harassment and Fiduciary Duty
Fiduciary duty is a common law concept. Essentially it requires directors of corporations, and like officials of certain other types of entities, to act in the best interest of their organization. It also obliges them to act with care and loyalty. The notion of fiduciary duty, or aspects of it … [Read more...]
CPLEA Launches Willownet.ca
Last year at this time the Centre for Public Legal Education Alberta (CPLEA) published an issue of LawNow titled When It Hurts to Be Home addressing the theme of abuse and the law. The Centre for Public Legal Education (CPLEA) has a long history of providing accessible legal information in plain … [Read more...]
Opening Closed Doors – The downside of suing your abuser
In the last issue of LawNow I outlined a number of good reasons why you might want to sue the person who is abusing you. However, there are an equal number of good reasons why you might choose to pass up a civil suit. Any one or a combination of the following options might be all you want or need. … [Read more...]
