Judicial Ceremony Marks New Era in Family Law

Today marks the beginning of a new era in family law as the justices who will preside over the Supreme Court of Nova Scotia, family division, were sworn in.

Five individuals were sworn in at a ceremony held in Halifax. A similar ceremony will be held for three justices in Sydney on Wednesday, March 31. The court will be operational on April 6, 1999, in the Halifax Regional Municipality and in Cape Breton.

The creation of the family division eliminates a two-tiered court system for family law matters in those two districts. The court will hear matters relating to divorce, custody, access, maintenance, family assault, children's services and young offender matters.

As the federal government now appoints and pays the salaries of the judges, the province is able to allocate funding to the creation of resource centres designed to support the work of the court. The objective is to provide a range of mediation and counselling services so that settlements can be reached in a more amicable fashion. The province wants to reduce trauma felt by families in crises and meet the needs of families -- particularly children --in a more meaningful way.

"This court will offer something unique to families -- an opportunity to avoid the courtroom," said Justice Minister Robbie Harrison. "Of course, the courts will always be available, but we are focusing on non-adversarial solutions."

Counselling programs will focus on the impact separation and divorce has on children, and will explore ways to avoid placing the child in the middle of a conflict. A separation education program will also be available, which will encourage co-operation rather than conflict and will focus on the changes that separation and divorce can bring.

"We are putting children first," said Mr. Harrison. "Instead of having a settlement imposed, we are offering families an opportunity to be part of the solution."

It is expected that the family division will be expanded to other jurisdictions in the province over the next five years. In the interim, the family court remains operational in these areas.
In Halifax, Judges R. James Williams, M. Deborah Gass, Moira C. Legere, and Douglas C. Campbell become justices of the new court. Former chief judge Robert Ferguson of the family court becomes associate chief justice of the family division. In Sydney, Judges J. Vernon MacDonald, Darryl W. Wilson and M. Clare MacLellan become justices of the new court.