Quick Links for Lawyers
Manuals and Trainings
HELP Toolkit:
Justice Canada has developed the HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers. This Toolkit is designed for lawyers and includes information on how to discuss family violence with clients, legal responses when there is family violence and helpful supplemental materials.
Training for Professionals:
Justice Canada also offers a series of courses for professionals about recent amendments to family law and the Divorce Act. Courses include:
- Introduction to Federal Family Law Amendments
- Family violence and family law for legal advisers
- Parenting under the New Divorce Act
- Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act
- Relocation under the Divorce Act
- Inter-jurisdictional support proceedings under the Divorce Act
Best Practices for Representing Clients in Family Violence Cases:
This 2015 article by Elizabeth Jollimore Q.C. (adapted from Cynthia Chewter, 2003) provides a guide for lawyers outlining best practices for working with clients in cases involving family violence.
Best Practices where there is Family Violence (Criminal Law Perspective):
This article by Joseph Di Luca, Erin Dann, and Breese Davies (2012) explores best practices for cases in the criminal justice system where there are multiple proceedings (such as family law or child protection).
The Divorce Act Changes Explained:
This Justice Canada guide outlines recent changes to the Divorce Act and includes an explanation of each amendment.
Tracking Family Law Cases Since the 2021 Divorce Act Amendments:
This manual reviews changes to the Divorce Act and reviews recent cases that highlight how courts may be interpreting these changes.
Managing Domestic Violence: A Practical Handbook for Family Lawyers:
A handbook by Desmond Ellis (2019) is available for purchase and written for family law practitioners working with cases involving domestic violence.
Interpreting the new Divorce Act, Rules of Statutory Interpretation & Senate Observations:
Given the recent changes to the Divorce Act, this article written by Susan B. Boyd and Linda C. Neilson (2020) provides a guide to interpreting the changes given the principles of statutory interpretation and taking into account Parliamentary intentions and Senate Observations
The 2021 Divorce Act: Using Statutory Interpretation Principles to Support Substantive Equality for Women and Children:
This brief from 2021, written by the Honourable Donna Martinson and Dr. Margaret Jackson reviews the principles of statutory interpretation and their application in family violence cases.
Legislative Background: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (Bill C-78 in the 42nd Parliament):
This article outlines the key objectives of making family laws more responsive to families’ needs. It also outlines and identifies the key changes made to the Bill through the parliamentary process, including the addition of address family violence in the Divorce Act.
Screening Tools, Safety Planning Resources and Support for Clients
The links below offer information about the importance of screening for family violence by family lawyers, resources for safety planning and where clients can find help/support in Nova Scotia.
Safety Planning – Nova Scotia Advisory Council on the Status of Women:
The Nova Scotia Advisory Council on the Status of Women page on safety planning includes several resources such as
- A safety planning brochure
- Checklist: What to Take when Leaving
- Personal Safety Plan Book
For information about online safety, click here.
This online screening tool from Sagesse (based in Alberta), can be used to provide information about domestic violence risk. This is a paid tool, which can be used by mediators or legal professionals as well for information about potential domestic violence risk levels in family law matters (with their client’s permission).
Support for Clients in Nova Scotia
Clients seeking support for domestic violence can call, text or visit Nova Scotia 211, available 24/7 (www.ns.211.ca)
The Family Law Nova Scotia website also has a useful directory of Community Agencies & Family Justice Services in Nova Scotia.
For further help or information about domestic abuse the provincial, 24-hour, toll-free number is 1-855-225-0220.
We also have a directory of Legal Services and Information for Survivors of Family Violence, which can be found here.
Webinars and Professional Development
Luke’s Place is an Ontario-based organization focused on the safety of women and children who are in the family law system after leaving an abusive relationship. Their website includes many resources including family law webinars, trainings, case summaries and more. Resources are Ontario-specific, but the webpage provides useful general information as well.
Family Law and Family Violence
The Family Law Family Violence Website has webinars and briefs related to the needs of survivors of violence in the family law context. This includes resources on coercive control, mediation in the context of violence, and the impact of COVID-19.
Law Society of Ontario – Continuing Professional Development from AccessCLE
Search the Law Society of Ontario’s articles from AccessCLE for dozens of articles and PowerPoint presentations on family violence and family law such as:
- Evidence and Disclosure Issues
- A Primer on Managing the Family Violence File – Litigation or Something Else
- Intergenerational Trauma from a Mental Health Perspective
- Identifying Family Violence
- Coercive Controlling Violence: A Primer for Family Lawyers
- Best Practices for Addressing Power Imbalances and Safety in Family Dispute Resolution Processes: Research, Protocols and the Law
- Resources To Support Families – Father Focus
- Safety Planning in Family Law Cases: An Emerging Duty of Care for Lawyers?
- Practical tips for lawyers representing or interviewing victims of Domestic Violence (IPV)
- Understanding Trauma Informed Practice
- Service Barriers for Immigrant Women Facing Domestic Violence
Access to Justice and Law Reform Institute
This webinar is geared towards legal professionals and provides information about recent case law on family violence and family law in the wake of amendments to the Divorce Act and Parenting and Support Act. This webinar provides a brief overview of recent family law amendments and explores how courts may be interpreting these changes.
Laws and Policies
Past Issues of the JustInfo Newsletter
Select a link below to view past issues of the JustInfo Newsletter
Impact of Family Law Amendments in Nova Scotia
This webinar is geared towards legal professionals and provides information about recent case law on family violence and family law in the wake of amendments to the Divorce Act and Parenting and Support Act. This webinar provides a brief overview of recent family law amendments and explores how courts may be interpreting these changes.