How did this work begin?

The Justice Review Task Force (JRTF) initiated this work. The JRTF was established in March 2002, after discussions between the Law Society of British Columbia, the Ministry of Attorney General and others to identify a wide range of potential reforms that could make the justice system more responsive, accessible and efficient.

The JRTF formed several working groups, including the Family Justice Reform Working Group ("FJRWG"). This working group, the first one established, explored fundamental change to B.C.'s family justice system and produced a report with a new vision for family justice.

More information on the JRTF can be found at www.bcjusticereview.org.

What did the Family Justice Reform Working Group say?

The FJRWG released a report in May 2005, entitled A New Justice System for Families and Children. The report outlines a new vision for family law and touches on a range of family justice services and processes that are, or should be, available to people experiencing family breakdown. It makes 37 recommendations, including those related to the establishment of family justice information centres ("hubs"), the promotion of consensual dispute resolution, and the adoption of new court rules for family cases. The full report can be found at: www.bcjusticereview.org/working_groups/family_justice/family_justice.asp

What followed the release of the report?

The JRTF conducted extensive consultations on the report, including presentations to each of the Canadian Bar Association Family Law and Alternative Dispute Resolution subsections, as well as presentations to the federal Department of Justice and various municipalities. Further research was done on various aspects of the report and a working group was struck to draft rules.

A Concept Draft of the new rules was posted to this site for public consultation in March 2008 and the consultation continued until the end of the year. The Rules Revision Committee did the final review and preparation of the new rules.

Why were these new rules developed?

The report of the Family Justice Reform Working Group (FJRWG), released in May 2005, recommended the adoption of new Family Rules in order to provide a more accessible and streamlined process for family cases. The report also recommended that a new set of Family Rules be adopted for both the Provincial Court and Supreme Court.

After the Family Rules Working Group spent some time on a single set of stand-alone Family Rules, their mandate shifted to drafting a separate set of Family Rules for Supreme Court. This shift resulted from several concerns that arose as the working group attempted to draft a single set of rules:

• In attempting to accommodate complex Supreme Court cases within a single set of rules, there was a high risk of unduly complicating the Provincial Court Rules and undermining their effectiveness, particularly for unrepresented litigants.
• The Provincial Court Rules have been working well and reflect many of the values of the Family Justice Reform Working Group report.
• There are so many steps that require different rules for complex cases that the end result would have resulted in two sets of rules.
• The new Supreme Court Rules of Civil Procedure have not been drafted to include family, so the need for Supreme Court Family Rules to be ready for implementation at the same time as the new Civil Rules was pressing. (See the new Civil Rules at www.bcjusticereviewforum.ca/civilrules/.)

Who were the members of the Family Justice Reform Working Group?

• The Honourable Madam Justice Alison Beames, Supreme Court of BC
• The Honourable Associate Chief Judge John Threlfall, Provincial Court of BC
• M Jerry McHale, QC, Assistant Deputy Minister, Ministry of the Attorney General
• Richard Bjarnason, Barrister and Solicitor
• Nancy Cameron, Barrister and Solicitor
• Jill Dempster, Senior Policy and Legislative Analyst, Ministry of the Attorney General
• Dinyar Marzban, Barrister and Solicitor
• Heidi Mason, Barrister and Solicitor, Manager, Field Operations Department, Legal Services Society
• Carole McKnight, Mediator, Educator and Consultant
• Mary Mouat, Barrister and Solicitor
• Irene Robertson, Provincial Director, Family Justice Services Division, Ministry of the Attorney General

Who drafted the rules?

The rules were drafted initially by a working group appointed by the Justice Review Task Force. The Rules Revision Committee prepared the final Family Rules.

When do the rules come into force?

The new rules and fees were announced by the B.C. Government on July 7, 2009 and will come into force on July 1, 2010.

Will training on the new rules be available to justice system professionals?

Prior to the implementation of the new rules, training courses will be scheduled for lawyers and other justice system professionals. Notices will be distributed through regular channels.