Endnotes2018-11-29T18:10:29+00:00

[1] Law Commission of Ontario, “Best Practices at Family Justice System Entry Points: Needs of Users and Responses Workers in the Justice System”, Consultation Paper (September 2009), online: Law Commission of Ontario < http://www.lco-cdo.org> (last accessed: 15 Sep 2010).

[2] For more information about the results of this summit, see Barbara Landau, Tom Dart, Heather Swartz & Joyce Young, “Submission to Attorney General Chris Bentley : Creating a Family Law Process that Works” (November 2009) online: ADR institute of Ontario,  < http://www.adrontario.ca/media/INTERIM%20REPORT%20FINAL%20BL%20Dec%2010-09%20_2_.pdf > (last accessed: 20 May 2010).

[3] For gendered characteristics of families before and after separation, including families that are not working within a heterosexual framework, see Robert Leckey, “Families in the Eyes of the Law: Contemporary Challenges and the Grip of the Past” (2009) 15:8 IRPP Choices.

[4] See Noel Semple, “Cost-Benefit Analysis of Family Service Delivery: Disease, Prevention, and Treatment” (Paper commissioned by the Law Commission of Ontario, June 2010), online: Law Commission of Ontario <http://www.lco-cdo.org> (last accessed 15 Sep 2010).

[5] See Lesley Jacobs and Brenda Jacobs, “Multidisciplinary Paths to Family Justice: Professional Challenges and Promising Practices” (Paper commissioned by the Law Commission of Ontario, June 2010), online: Law Commission of Ontario <http://www.lco-cdo.org> (last accessed 15 Sep 10).

[6] Some consultation participants thought that the PAR program for men was, for this reason, not very effective (see Ministry of the Attorney General, Partner Assault Response Program, online: Ministry of the Attorney General < http://www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.asp#partner > (last accessed 14 May 2010)).

[7] MDR 2006 CanLII 19053 (ON S.C.); General R.R.O. 1990, Reg. 1094.

[8] See Processing and Distribution of Semen for Assisted Conception Regulations, S.O.R./96-254, s.1, 2, 4.

[9] See Processing and Distribution of Semen for Assisted Conception Regulations, S.O.R./96-254, s. 20; Health Canada Directive: Technical Requirements for Therapeutic Donor Insemination, July 2000, s.2.; Donor Semen Special Access Program, online: Health Canada <http://www.hc-sc.gc.ca/dhp-mps/brgtherap/applic-demande/guides/semen-sperme-acces/index-eng.php>.

[10] To preserve confidentiality, we will not identify individuals or organizations unless they made a written submission.

[11] The Law Society of Upper Canada published documents that explain what people can expect when dealing with a lawyer. See for example The Law Society of Upper Canada, “Lawyers and Paralegals: Helping You With Your Legal Needs” Brochure (December 2009), online: Law society of Upper Canada <http://www.lsuc.on.ca/media/lawyers_paralegals_public.pdf > (last accessed: 14 May 2010); or, F.A.Q.s – Your Lawyer and You, online:  The Law Society of Upper Canada <http://www.lsuc.on.ca/public/a/faqs-finding-a-lawyer/> (last accessed: 14 May 2010).

[12] See “Criteria for Accredited Family Mediators” (2003) online: Ontario Association for Family Mediation < http://www.oafm.on.ca/mediators/AccFM%20Criteria.html > (last accessed: 15 July 2010).

[13] Although accreditation is not required, the Ministry of Attorney General encourages Ontarians to select mediators who have qualifications that meet the standards set out by the Ontario Association for Family Mediation (see “Finding an Appropriate Mediator” (2008) online: Ministry of the Attorney General

<http://www.attorneygeneral.jus.gov.on.ca/english/family/divorce/mediation/family_mediation.pdf> (last accessed: 17 May 2010)).

[14] See Karen Howlett and Kate Hammer, The Globe and Mail, “McGuinty Backs Down on Frank Sex Ed”, April 22, 2010, online: The Globe and Mail < http://www.theglobeandmail.com/news/politics/mcguinty-to-shelve-sex-ed-plan/article1543479/ > (last accessed: 15 July 2010). See online: Ministry of Education < http://www.edu.gov.on.ca/eng/curriculum/elementary/health.html#display > (last accessed: 15 July 2010) for 1998 and interim 2010 versions of the curriculum. The interim version is the revised 2010 curriculum that leaves out the controversial sections on “Human Development and Sexual Health” and replaces these with the 1998 curriculum’s “Growth and Development” sections.

[15] See online: Ministry of Education < http://www.edu.gov.on.ca/eng/curriculum/elementary/healthcurr18.pdf> (last accessed: 23 July 2010) at 168 of the interim 2010 version of the curriculum, which replaces the controversial “Human Development and Sexual Health” sections of the proposed curriculum with the 1998 “Growth and Development” sections.

[16] The original 2010 version of the curriculum that was proposed was taken down from the government website, however it is still available online here: <http://docs.google.com/fileview?id=0B-rAJktBqis9MDhmYzNjNDAtMmY0YS00MTU2LTliOWEtNTVmZDRiMDM2Y2Y3> (last accessed 23 July 2010) [2010 Proposed Curriculum] at 170.

[17]2010 Proposed Curriculum, note 13 at 170.

[18] One example of a current public education initiative in Ontario is the “Neighbours, Friends and Family” (NFF) campaign. NFF is a public education campaign that attempts to raise awareness of the signs of woman abuse, in order to encourage those close to the victim to help. The camping offers a variety of informational materials, including information, training and free campaign resources to start an NFF campaign in your community.  Neighbours Friends and Family Campaign, online: Integra for Children and Adults of Prescott-Russell, <http://www.neighboursfriendsandfamilies.ca/> (last accessed: 14 May 2010).

[19] Here are a few examples of services for men in Ontario:

–          The Kanawayhitowin Campaign, which is also part of the Neighbours Friends and Family campaign (see previous endnote), is a campaign that seeks to address woman abuse in Aboriginal communities across Ontario. The website and community action kit provides information for victims and abusers, as well as a list of community resources available to the Aboriginal community (see Kanawayhitowin, “Community Action Campaign to Prevent Woman Abuse in the Aboriginal Community” online <http://www.kanawayhitowin.ca/pdfs/KanaMan.pdf> (last accessed: 17 May 2010)).

–          Jewish Family and Child Services provides an abuse prevention program and support groups for men who are abusive (see Jewish Family and Child Services: “Woman Abuse Program” online JF & CS <http://www.jfandcs.com/Client/JFCS/JFCS_LP4W_LND_WebStation.nsf/page/Woman+Abuse!OpenDocument> (last accessed: 17 May, 2010)).

–          The Partner Assault Response Program (PAR) is part of Ontario’s Domestic Violence Court Program and includes a 16 week education course for the offender, as well as help with safety planning, referrals to community resources and progress reports on the offender for the victim (see above note 6).

–          Family Service Toronto offers the Next Steps (Partner Abuse Response Program) for men who have been court ordered to enrol in the program. Referral services are available for men who would like to participate voluntarily. The organization also offers the program for LGBTQ persons who have been ordered to enrol in the PAR program. See Next Steps: Partner Abuse Response Program, online: Family Service Toronto <http://www.fsatoronto.com/programs/nextsteps.html > (last accessed: 20 May 2010).

[20] For more information about this project, see the LCO website, online: http://www.lco-cdo.org.

[21] Family Law Rules, O. Reg. 114/99.

[22] According to the LGBTQ Parenting Network, thirty years ago, 88% of lesbians who fought for custody lost (written submission to the LCO dated January 14, 2010).

[23] See for example Ontario Works Act 1997, O. Reg. 134/98, s. 13(1), which requires that a person eligible for assistance make reasonable efforts to obtain financial resources.

[24] The LCO uses a fictitious name in this scenario.

[25] According to a conversation with a Ministry of Attorney General law librarian, seventeen FLICs were created in November 1999 in the seventeen Unified Family Courts.  The London FLIC was one of them.  Between 1999 and 2004, FLICs were expanded to all courts. Prior to 1999, there was a service in London, but it did not offer all the services that the FLICs now offer.

[26] The Family Justice Project Head stopped at the Oshawa FLIC and courthouse in fall 2009, prior to a consultation with a community-based organization.

[27] See for example the Ontario, Ministry of the Solicitor General, Policing Standards Manual: Domestic Violence Occurences, LE-024 (February 2000).

[28] See the Toronto Police Service “don’t ask” policy, online: Toronto Police Service < http://www.torontopolice.on.ca/publications/files/victims_and_witnesses_wthout_legal_status.pdf > (last accessed: 22 July 2010.

[29] See Professors Lesley Jacobs and Brenda Jacobs’s paper, above note 5.

[30] See the BRAVE website, online: Brant Response to Violence Everywhere Committee < http://www.brant-brave.org/ > (last accessed: 15 July 2010). For more details about the BRAVE system, see Professors Lesley Jacobs and Brenda Jacobs’s paper commissioned by the LCO, above note 5 at 68-70.

[31] See the Aboriginal Legal Services of Toronto’s website, online: Aboriginal Legal Services of Toronto < http://www.aboriginallegal.ca/council.php > (last accessed 15 July 2010).

[32] See the Advice Lawyer – Domestic Violence sub-panel standards, online: Legal Aid Ontario < http://www.legalaid.on.ca/en/info/panel_standards_advicelawyer.asp > (last accessed 15 July 2010).

[33] For a description of supervised access services, see the Ministry of Attorney General’s website, online: Ministry of Attorney General < http://www.attorneygeneral.jus.gov.on.ca/english/family/supaccess.asp > (last accessed 15 July 2010).

 

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