Archive for May 2020
COVID-19 legal cases: Backlog, contempt of court, child protection
COVID-19 decision: Minimizing the backlog J.T.K. v. A.E.M. 2020 CarswellOnt 6682 (C.J.): After weeks of being told that the courts can only deal with the most urgent of situations, that parents are expected to work out their differences on their own and that parties are expected, most of the time, to maintain the status quo,…
Read moreWill Canada’s new Divorce Act keep women and children fleeing abuse safe? The cons – Part 2/3
While the amended Divorce Act will, without question, materially improve the situation of those fleeing abuse (if they use the Divorce Act to resolve parenting issues), it is not perfect. This article explores two criteria in the best interests test, the decision-making provisions and the emphasis on out of court dispute resolution, all of which…
Read moreHow can I support a woman who is experiencing technology abuse?
Technology abuse, sometimes called electronic abuse or online harassment, is a common tactic used by many abusers. It often takes the form of stalking and, as an advocate, keeping this in mind will help you support your clients. An Australian survey conducted with VAW service providers in 2016 found that 82% of their clients were…
Read moreTech safety planning principles for service providers supporting survivors
Women have the right to use technology Eliminating the use of technology will isolate her from friends and family and limit employment and access to information and services. Tech safety planning helps a survivor use technology strategically. Make it a personalized tech safety plan Just as an off-line safety plan is personalized for a woman’s…
Read moreCOVID-19, gender-based violence & family law toolkit for service providers
It is no surprise to those who work with women fleeing abuse that many of their partners and former partners are using the COVID-19 pandemic and the public health protocols put in place to contain the spread of the virus as an excuse to engage in a wide range of abusive, bullying, harassing and manipulative…
Read moreCOVID-19 case: Urgent or case conference?
In Edwards v Robinson 2020 ONSC 2956, the mother brought an urgent motion on May 1st for the return of the parties’ two youngest children (the oldest is 20 years old) to her by the father, who had had them since March 25th. The mother made allegations of domestic violence, which the father disputed, alleging in response…
Read moreWill Canada’s new Divorce Act keep women and children fleeing abuse safe? The pros – Part 1/3
As we continue to find our way through the strange new world of life in a pandemic, it is easy to lose sight of things that seemed important to us just a few months ago. The significantly revised Divorce Act, passed by the federal government in June 2019 and coming into effect on July 1,…
Read moreNAWL Brief Submitted to the House of Commons Standing Committee on Justice and Human Rights on Bill C-5
36 feminist and equality-seeking groups from across Canada, including Luke’s Place, endorsed the National Association of Women and the Law (NAWL) brief submitted to the House of Commons Standing Committee on Justice and Human Rights on Bill C-5 – An Act to Amend the Judges Act and the Criminal Code. “Two foundational constitutional values…
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