Family courts must dispense justice in an even handed manner without discrimination.   It is deceptively easy for lawyers and judges to simply rely upon myths and stereotypes when coming to recommendations or decisions.  It is just as offensive to ride roughshod over the procedural rights of litigants in order to reach the result that 'conventional' wisdom (at least in the eyes of the decision maker) might, at first glance, dictate.

Thankfully, there are judges who write decisions that decry the tendency to deny procedural rights to litigants.  Part of my role is to bring those decisions to the forefront both in my academic writing and in my legal submissions to courts.  Adhering to basic concepts of procedural fairness helps to ensure that those experiencing 'court' come away from the process with at least some degree of respect for our judicial system.  But more importantly, preserving procedural rights ensures that each side has the opportunity to fully and fairly place his/her case before the court.  This is, in my view, an essential element of our democracy and the rights that are enshrined in the Canadian Charter of Rights and Freedoms. Therefore, conducting legal proceedings such as case conferences, motions and trials in a procedurally fair and open manner should be an essential element of every judge's daily work.

Gene C. Colman

PROCEDURAL FAIRNESS ARTICLES

PROCEDURAL FAIRNESS AND CASE CONFERENCES

PROCEDURAL FAIRNESS ESSENTIAL IN FAMILY LAW CASES