How can we demand a jury trial in family law (Canada)?

[Freeski]

I'm hoping someone has some knowledge in this area.

Our family has been in a strange custody battle for over a year now and after seven court appearances (motions, conferences, etc.), the one thing that has become clear is that the judges in family court are oblivious as to what is really in the best interst of the child, in this case my beautiful little niece.

We're headed for trial in May and I have been searching for a way to demand a trial by jury in a family law case, but the establishment just says no, and although I know in my gut there is a way, I just can't find it.

Does anyone know of any angles I may not be aware of?

Thanks in advance!

[jofortruth]

http://www.bastionlaw.ca/-jury01.asp


http://www.thefreelibrary.com/Family+law+without+juries-a030268326

See 4th paragraph

"The jury trial has been cemented not only in North American consciousness, but in North American Constitutions: see s. 11(f) of the Canadian Charter of Rights and Freedoms and the sixth Amendment to the American Constitution. But there are limits, and those rights refer only to proceedings taken by the state against individuals. Even with that, the jury trial's reputation as a bastion of freedom in a democratic society, comes despite the fact that its form has actually changed a lot from its sources in antiquity. The bottom line in Canada remains that juries are involved in only a small percentage of criminal cases. Civil jury trials are even more infrequent. And jury trials concerned with family law issues do not happen."

[Freeski]

http://www.bastionlaw.ca/-jury01.asp


http://www.thefreelibrary.com/Family+law+without+juries-a030268326

That's all criminal law, but the concept of "elections" for the type of trial is something new to me. At least it's a lead - maybe there's a family law angle. The hunt continues.

No matter what the "rules" say, there is no better way to get justice than with a jury -- one biased judge and you're doomed.

Thanks Joe!

[jofortruth]

http://judicialabuse.blogspot.com/

This is old, but find it interesting! Apparently there is a problem in this area.

[Freeski]

Actually, I wish I could remove the Canada part from the subject because if the Brits, Aussies or Americans have a means to demand a jury in family law, then there's likely a mechanism here too.

Can a mod remove the Canada part from the subject?

[jofortruth]

http://en.wikipedia.org/wiki/Jury_trial

"However, not all cases are eligible for jury trials. In most US states, there is no right to a jury trial in Family law actions, such as divorce and custody modifications.[7][8] Only eleven states allow juries in any aspect of divorce litigation (Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tennessee, Texas and Wisconsin).[7] Most of these limit the right to a jury to try issues regarding grounds or entitlement for divorce only. Texas provides jury trial rights most broadly, including even the right to a jury trial on questions regarding child custody.[7][8] But those who charged with a criminal offense, breach of contract or federal offence have a Constitutional right to a trial by jury.[7]"

[jofortruth]

Actually, I wish I could remove the Canada part from the subject because if the Brits, Aussies or Americans have a means to demand a jury in family law, then there's likely a mechanism here too.

Can a mod remove the Canada part from the subject?

I thought you were referring to a Canadian case?  Is it a custody case in provincial court?

Why hasnt your Atty given you this info?

[Freeski]

I thought you were referring to a Canadian case?  Is it a custody case in provincial court?

Why hasnt your Atty given you this info?

Yes, it is a Canadian case - but what you found above re Texas is interesting because there are a lot of similarities in law. I'm looking into that now. Thanks.

PS - We downgraded our lawyer(s) to advisors only due to incompetence, mistrust and prohibitive cost ($300/hour is nasty!)

[jofortruth]

That's sad that you can't find an honest and affordable lawyer in family courts. Just amazing!

[dre4dwolf]

You have to request a Jury prior to the case being called I believe...