Backgrounder

Expanding Unified Family Courts in Canada

The Government of Canada has introduced legislation to amend the Judges Act to permit the expansion of Unified Family Courts (UFCs) in Canada. The proposed reforms would authorize the salaries for 27 additional judges to be appointed to these specialized courts.

Federal, provincial and territorial governments share responsibility for family law matters, including the law itself, the appointment and payment of judges, and the structure and processes of the courts that handle family law cases. Typically, family law matters are handled by two levels of court: the jurisdiction’s superior court and the provincial or territorial court.

UFCs unite jurisdiction over all family law matters at the superior court level. They are designed to reduce the time, conflict and cost of litigation that can be particularly harmful to children and individuals in situations that are, or are likely to become, violent, by providing:

• a single court with jurisdiction to hear all issues raised in each family matter;
• easy access to a full range of family justice services;
• specialized judges who are experts in family law; and
• a user-friendly environment with simplified procedures.

UFCs currently exist in seven jurisdictions in Canada. Four of these, Newfoundland and Labrador, Nova Scotia, New Brunswick, and Ontario, have submitted proposals to the federal government seeking judges to expand their UFCs. Their proposals have clearly demonstrated the urgent need for additional family court judges to respond in particular to the considerable increase in child protection cases that have occurred in recent years. The current level of judicial resources makes it difficult to handle these cases on the priority basis they require. Furthermore, the dedication of judicial time to child protection cases has resulted in significant delays and backlogs in other family law matters, leading to increased emotional and financial costs to these children and their families. This UFC expansion will provide much-needed support to families within the justice system.

The federal Minister of Justice will be making decisions regarding the most equitable and effective allocation of these 27 judges, following final discussions with the interested jurisdictions. As in past expansions, up to 75% of the positions allocated to each jurisdiction will be filled through elevations from the provincial family court bench. This formula provides a core of specialized judges for the UFC and frees up provincial judicial salary and benefit dollars, which are then reinvested in family justice services on an ongoing basis within each jurisdiction.

In addition to the UFC reforms, other amendments to the Judges Act would authorize funding to appoint two new judges to the provincial superior courts. The federal Minister of Justice would recommend allocation of these positions to specific jurisdictions based on demonstrated need for these judges.

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