County of Carleton Law Association
Civil Litigation CLE Program
Montebello, Quebec-November 19, 2010
Remarks by Chief Justice Warren K. Winkler
http://ccla-abcc.ca/uploadedFiles/Remarks%20by%20Chief%20Justice%20Warren%20K.%20Winkler%20-%202010%20CCLA%20Civil%20Litigation%20Conference.pdf
After reading these pages, I'm sure that everyone will agree the system is a mess and needs changing NOW.
Even the Chief Justice knows it needs to be changed and it is not working.
Here are a few excerpts from these pages,
" Access to justice is the single most important issue facing the legal profession in Canada. It
continually tests those responsible for the administration of justice across the country. Of
even more serious concern is the fact that the area of law where this problem is most
pronounced is family law.
Almost everyone you meet these days has a story about a family member, friend or
acquaintance that is going through a family dispute. Their story is predictably sad from a
personal standpoint, but within the present context – the adequacy of our legal system –
their experiences invariably tell of frustration and dissatisfaction."
"Adding to these problems is the increase in the number of self-represented litigants who
have run out of funds for legal services. The statistics support the seriousness of this
concern. Each year, almost 90,000 new family law proceedings are commenced
province-wide. Family disputes account for approximately one in five cases in Ontario's
courts and lead to more than 300,000 court appearances each year. It is estimated that
more than 50% of family law litigants come to court without legal representation."
"In September of this year at the Opening of Courts Ceremony in Toronto, I commented
on our family justice system. For those of you who did not attend the Toronto ceremony
or who have yet to track down my speech on the Court of Appeal website, there is no
cause to fret. I bring my message to you directly.
I began my remarks by saying that:
"I question the effectiveness of the 'slow-and-steady' approach of fine-tuning and
rationalizing the present system. Rather than incremental change, perhaps it is
time to consider a more dramatic and pragmatic revision of the manner in which
family law services is delivered across Ontario."
In expressing concerns about the state of our family justice system, my hope was to raise
the profile of this issue and begin a dialogue about what tangible steps we can take to
make real changes that result in real results for clients. As I have said, no topic relating 3
to the justice system has a more direct bearing on the lives of Ontarians than improving
our approach to resolving family breakdown."
"I conclude these remarks by stressing that the reform I propose is an access to justice
initiative. We must ensure that parties to a family law dispute have early access to
information, legal representation, and the benefit of full and timely disclosure. Combine
this with a streamlined process in which mediation is the centrepiece rather than a mere
stop on the road to the courtroom, and we will be well on track to redressing the access
issue. Our task must be to assist those facing family breakdown in reaching an affordable
resolution of their dispute and to alleviate, rather than worsen, their emotional stress."
These are only some of the remarks made by Chief Justice Warren K. Winkle. To see the full paper visit the link on this post.
Please sign and share this petition link http://www.thepetitionsite.com/6/stop-the-corrupt-family-law-court-of-ontario/
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