Canadian Research Institute for Law and the Family

Publications

The Canadian Research Institute for Law and the Family has authored numerous books, monographs and research reports since its establishment in 1987, many of which are publicly available from the Institute, the funders of specific projects and online. Please contact the Institute for information about the availability of listed publications without hyperlinks. Please visit the Current Projects page to read about our work in progress and projects under development.

BOOKS & MONOGRAPHS · RESEARCH REPORTS · ARTICLES & CHAPTERS · PAPERS & PRESENTATIONS


You can search our entire site by entering "site:crilf.ca" followed by one or more keywords in search engines such as Google and DuckDuckGo.

Hot Off the Press

Successfully Parenting Apart: A Toolkit

Authors Canadian Bar Association Family Law Section
Canadian Research Institute for Law and the Family (prepared by Boyd, J.-P.E.)
Date April 2017
Précis This toolkit organizes and consolidates online and print resources and offers guidance, information, referrals and resources for resolving parenting challenges post-separation in ways most effective for children. It is intended to increase family law lawyers’ awareness of the best available information to better assist parents in transforming their relationship from being a couple to being successful co-parents. As the first point of contact for many separating parents, effective lawyers need to be aware of the best practices and social science on family restructuring, and should be equipped to easily direct parents to quality resources for further guidance and information. The toolkit is available for download in PDF and commercial printing formats.
Download Link (Canadian Bar Association website will open in a new window)

The Practice of Family Law in Canada: Results from a Survey of Participants at the 2016 National Family Law Program

Authors Bertrand, L.D.
Paetsch, J.J.
Boyd, J.-P. E.
Bala, N.
Date October 2016
Précis This study analyzes the results of a survey of more than 200 lawyers and judges attending the 2016 National Family Law Program, a high-profile, four-day biennial conference organized by the Federation of Law Societies of Canada, on current issues in the practice of family law in Canada. Subjects addressed in the study include participants' views of and experiences with: court-attached family justice programs; hearing the views of children; issues in custody and access disputes; issues in disputes about child support and spousal support; family violence; unified family courts; and, the use of limited scope legal services in family law disputes.
Download English: PDF
Français: PDF

Polyamorous Relationships and Family Law in Canada

Author Boyd, J.-P. E.
Date April 2017
Précis This paper provides a discussion of polyamorous relationships, the legal distinction between relationships that are polyamorous and marriages that are bigamous and polygamous, and how polyamorous relationships are and are not accommodated by the domestic relations legislation of Canada's common law provinces. The paper includes an initial analysis of a study by the Canadian Research Institute for Law and the Family on perceptions of polyamory in Canada, the demographics of Canadian polyamorists and their attitudes toward their relationships. The paper concludes with a number of recommendations directed to family law lawyers dealing with polyamorous clients, including the establishment of specialized practice associations to share knowledge and develop expertise on the unique legal needs of polyamorous families.
Download PDF

Parenting Assessments and Their Use in Family Law Disputes in Alberta, British Columbia and Ontario

Authors Suche, Z.
Boyd, J.-P. E.
Date July 2017
Précis The use of mental health assessments for the purpose of decision-making in parenting disputes has become relatively commonplace in Canadian family law disputes. These assessments, also called “custody and access reports” and “bilateral assessments,” are usually requested when the views and opinions of an independent expert are needed to help separated parents or the court determine the parenting arrangements that are in the best interests of minor children. This paper reviews practice and procedure in Alberta, British Columbia and Ontario, and examines: the extent to which these assessments are used and relied upon in courtroom decision-making; and, whether there is a relationship between the cost of private assessments and the frequency of their use in these jurisdictions.
Download PDF

Analysis of Data from the Federal Justice Divorce File Review Study: Report on Findings for Alberta, 2011

Authors Kleiner, S.
Boyd, J.-P. E.
Bertrand, L.D.
Paetsch, J.J.
Date June 2017
Corrigendum July 2017
Précis In 2005, 2008 and 2011, the federal Department of Justice collected detailed data from divorce cases between spouses with children in courts across Canada. This report examines the data collected from the Calgary registry of the Alberta Court of Queen's Bench in 2011, focussing on the sociodemographic characteristics of the files reviewed, intervals between key milestones in the divorce process, the impact of family violence, the characteristics of child support orders and the characteristics of parenting orders. The report makes a number of recommendations for further research, in particular that the federal, provincial and territorial governments of Canada commission research to thoroughly examine the data already collected and cooperate to collect a fourth data set.
Download PDF

Access to Justice in Indigenous Communities: An Intercultural Strategy to Improve Access to Justice

Author Wright, A.C.
Date May 2017
Précis In this project, funded by the Human Rights Education and Multiculturalism Fund and the Alberta Law Foundation, Alysia Wright and Calgary Legal Guidance worked with two Indigenous communities to develop a strategy to improve access to justice by establishing intercultural partnerships, fostering agency relationships, supporting strategic partnerships and increasing access to and utilization of existing legal services. This report describes the project outcomes, including the components of a framework for partnership, and the important learnings gained as a result of the project. A PowerPoint presentation about interactions between community members and the police was produced during the project and is included with the project report.
Download Project report: PDF
 
Author Calgary Legal Guidance
Date February 2017
Download "Know Your Rights with Police" PowerPoint presentation: PDF

Summary Legal Advice Services in Alberta: Year 1 Results from the Community Legal Clinic Surveys

Authors Paetsch, J.J.
Bertrand, L.D.
Date April 2017
Précis This report examines the results of the first year of exit and follow-up surveys of clients receiving services from four Alberta community legal clinics. The results of this analysis showed that clients were very satisfied with the legal assistance they received from clinic lawyers: the vast majority of clients agreed that they had a better understanding of their legal rights, responsibilities, and legal options; most clients felt that 30 minutes gave them enough time to talk with the lawyer about their legal problem; and, clients who received a written summary of the legal advice they received were significantly more likely to agree that they had a better understanding of their rights. Overall, the findings from Institute's analysis are very positive and underscore the important service that these clinics provide.
Download PDF

An International Review of Early Neutral Evaluation Programs and Their Use in Family Law Disputes in Alberta

Authors Paetsch, J.J.
Boyd, J.-P.E.
Date October 2016
Précis This project involved an international literature review of early neutral evaluation processes to identify emerging trends, issues and best practices. The report provides an overview of early neutral evaluation processes, the findings from the literature review and considerations in the development of early neutral evaluation programs. The report concludes that these programs promote settlement and save litigants time, money and emotional stress, provide a useful reality check for litigants and lawyers alike, improve communication between litigants and clarify the issues in dispute. These programs yield high satisfaction rates, for evaluators, litigants and lawyers, and can be used in cases involving litigants without counsel. The report closes with recommendations regarding best practices for early neutral evaluation programs for family law disputes in Alberta and suggests that a working group be established to explore the development and implementation of a pilot early neutral evaluation program.
Download PDF

Return to the top of this page.


Featured Publications

Comparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self-represented Litigants and Mediation

Authors Boyd, J.-P.E.
Bertrand, L.D.
Date April 2016
Précis This report examines the results of our survey of attendees of the National Family Law Program 2014, and compares the views of Alberta respondents with those from the rest of Canada on a number of issues, including parenting after separation, self-represented litigants and their access to justice, and mediation. The report notes some striking differences between the views and experiences of Alberta practitioners and those from elsewhere in Canada. Alberta practitioners are more likely to: have cases resulting in shared custody or shared parenting; support the amendment of the Divorce Act to use terms such as parenting responsibilities and parenting time; have cases involving self-represented litigants; support mandatory information programs for self-represented litigants; and, support the use of paralegals to improve access to justice for self-represented litigants.
Download PDF

Pathways and Transitions of Persistent Youth Offenders in Alberta: Final Report

Authors MacRae-Krisa L.
Bertrand, L.D.
Paetsch, J.J.
Rinquist, L.
Date March 2014
Précis This report summarizes the findings of a four-year study of pathways and transitions of persistent youth offenders in Alberta. The overall objectives of the study were to understand the factors that differentiate persistent youth offenders who offend into adulthood from persistent youth offenders who desist, understand these factors in a developmental context, and provide focussed information to develop and improve multi-sectoral prevention and intervention initiatives.
Download PDF

Return to the top of this page.


PUBLICATIONS · CURRENT PROJECTS · VISITING SCHOLARS PROGRAM
ABOUT THE INSTITUTE · OUR STAFF · OUR DIRECTORS · MEDIA · CONTACT US

Charity Reg. No. 123695215RR0001
Copyright © 2013-2017 Canadian Research Institute for Law and the Family