COVID-19 pandemic response and other changes to programs
This section outlines how programs responded to the COVID-19 pandemic and the impact that the pandemic had on service volumes, clients, issues, and service outcomes. It also outlines other recent changes that have either impacted programs directly or changed their operating environment in significant ways.
Pandemic response and impacts
In response to the COVID-19 pandemic, programs quickly changed their modes of delivery. Some impacts on service volumes were noted, and new legal issues emerged for some families. Service outcomes were largely unchanged for most programs.
- Mode of delivery: Six dispute resolution programs began to offer services virtually by telephone and/or video conference. Eight were already providing some services virtually and these quickly transitioned to provide all their services that way. An exception was Prince Edward Island’s Child Focused Parenting Plan Mediation, which stopped all service between March and September 2020; after that, in-person service resumed with social distancing or with parents in separate rooms.
- Service volumes: Most programs experienced a decrease in service volumes during the pandemic. Some programs noted that court closures resulted in decreased demand for dispute resolution services. Others were unsure whether decreased demand was entirely attributable to the pandemic and some suggested that other factors may have been at play. For example, Alberta’s Family Mediation program had not adjusted its income thresholds for some years, resulting in fewer clients being eligible over time. Saskatchewan noted that recent increases in service volumes are likely more attributable to new court requirements to participate in dispute resolution than to the end of the pandemic. Similarly, Ontario suggested that recent increases in demand may have been at least partially the result of new Divorce Act amendments that encourage the use of dispute resolution. Yukon’s Family Mediation Service experienced staff turnover during this period, which impacted service volumes.
- Client types: Nova Scotia’s Conciliation through Supreme Court experienced an initial increase in the proportion of its clients that were self-represented, as it was more difficult to obtain counsel during the pandemic. No other program noted changes to the types of clients served.
- Client issues: Several programs indicated that the pandemic raised new issues for clients, particularly decision-making regarding vaccinations; four mentioned parenting time or travel during pandemic restrictions and/or decisions regarding return to in-school learning. Five noted that the pandemic created economic stresses resulting in increased demand for changes to child support or separated couples continuing to live together because of difficulty finding accommodation and high housing costs. Five noted increases in the number of family violence issues, high conflict cases or cases with complex issues.
- Dispute resolution outcomes: Most programs did not observe significant changes in resolution rates, though at least two did experience some decreased levels of success. Three programs noted that higher levels of conflict or anxiety made settlements more challenging to achieve, but that overall success rates remained unchanged. One program indicated that some parents were more likely to reach an agreement during the pandemic (e.g., more likely to agree to child support with limited disclosure to ensure that they could get some child support in place).
Non-pandemic changes
Those interviewed were asked whether there were changes that impacted their program or service in the past five years aside from the pandemic. Nearly all programs indicated that some changes had occurred. Changes included new legislation or court rules regarding dispute resolution requirements or the expansion of, or reorganization of, the programs themselves or related family justice programs. These changes make isolating the impacts of the pandemic more challenging. Changes include:
- British Columbia: Changes to the Provincial Court Family Rules introduced new requirements for needs assessment (through BC Family Justice Services Division) and dispute resolution (where appropriate) in two large registries in 2019 and 2020. Further Rules changes in 2021 changed forms and some court processes province-wide.
- Alberta: The Family Mediation Program’s income threshold for client eligibility increased from $40,000 to $60,000 in 2023, increasing the number of families eligible for service. The King’s Bench Child Support Resolution Program was created as a single program in 2022 operating in two sites; prior to this, it operated as separate programs in each of the two locations.
- Saskatchewan: Legislative amendments to the King’s Bench ActFootnote 10 that set out the family dispute resolution requirements for court cases came into force in early 2020. The new requirements initially applied only in Prince Albert, but now apply province-wide. Legal Aid Saskatchewan’s mediation program did not exist prior to the introduction of this requirement.
- Manitoba: In February 2019, the Court of King’s Bench Family Division instituted a new model for scheduling and case flow of Family Division matters that aimed to resolve cases at the earliest point possible while encouraging out-of-court resolution. Family Resolution Services launched in June 2020, consolidating and enhancing all provincial out-of-court resolution services. Income thresholds for Legal Aid Manitoba increased with more families with property issues becoming eligible for service.
- Legal Aid Ontario (LAO): Prior to 2019 LAO served clients who were likely to qualify for an LAO certificate even though they did not necessarily have one. Independent Legal Advice (ILA) Certificates (6 hours) could also be provided to clients. In 2019, LAO service became limited to matters where at least one party had a Legal Aid CertificateFootnote 11 and ILA certificates were eliminated across the province.
- Québec: The Family Mediation Service expanded the range of clients served by including couples without dependent children, first on a pilot basis starting on February 18, 2021, and then on a permanent basis from June 30, 2022.
- Nova Scotia: Nova Scotia now has Unified Family Court province-wide. At the start of the pandemic, the Nova Scotia Supreme Court was assuming responsibility incrementally in countiesFootnote 12 outside Halifax and Cape Breton Island. Transition for the entire province was complete as of January 1, 2022.
- Newfoundland and Labrador: Family Justice Services implemented a new Voice of the Child Report service. The service was implemented in the last two to three years in response to the Divorce Act amendments regarding consideration of a child’s views and preferences in divorce proceedings.
- Prince Edward Island: The Family Law Navigator role was introduced in November 2022. This is a new position that addresses gaps between parties and services within the Family Court Counsellors’ Office. The Navigator helps parties sort out the best services for them based on their current family issues. The Navigator tracks the family to see where they are at, determines why they did not access a service, helps them with registering for services and follows through with them as they take part in a service. The Supervised Parenting Time and Exchange Program (SPTEP) was transferred to the Department of Justice and Public Safety in late 2018. Originally, SPTEP was only accessible through court orders, but as of January 2023 more sources, including mediators, are able to refer families to SPTEP.
- Yukon: The Family Mediation Service transitioned from a pilot project to a continuing program in 2022. The service employed a number of different mediators during the past two years with some differences in practice among them especially with respect to coaching.
- Northwest Territories: One mediator is piloting an approach that is intended to better preserve the parents’ relationship and give them communication and other skills to use after separation.
In addition to changes that occurred in specific jurisdictions, recent amendments to Canada’s Divorce ActFootnote 13 included a new duty for parties to a divorce proceeding to try to resolve matters through a family dispute resolution process, to the extent that it is appropriate to do so. This amendment came into force on July 1, 2020.
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