NATIONAL JUDICIAL INSTITUTE
●
INSTITUT NATIONAL DE LA MAGISTRATURE
National Judicial Institute
Judicial Education
THE HONOURABLE JUSTICE R. JAMES WILLIAMS
Supreme Court of Nova Scotia
WORLD CONGRESS ON FAMILY LAW AND CHILDREN’S RIGHTS
March 18, Sydney, Australia
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NJI: Family Law Judicial Education
1.
The context of Canadian Family Law
2.
The National Judicial Institute
3.
Our Audience: Judges
4.
Adult Learning Principles Inform Judicial Education
5.
Course Planning
6.
Family Law Programs and Resources at NJI
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3
Ottawa
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The Four Seasons
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Halifax Harbour
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Canadian Family Law

1 National Divorce Act

10 provinces, 3 territories
 Each has its own legislation concerning:
Custody access if no divorce involved
• Property division (for marrieds, unmarrieds)
• Child protection
•

Some provinces have Unified Family Courts, some do not
 Some judges hearing Family Law matters are specialists, some are not

Adversarial system… evolving
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The National Judicial Institute

Independent NGO created in 1988

By and for judges




Board chaired by Chief Justice of Canada
Executive Director is a judge
Courses designed and presented by judges
Sole Canadian institute with exclusive judicial
education mandate
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Three Dimensions of Judicial
Education

Knowledge


Skills


Skills needed to perform the judicial role
Social context


Substantive law – the law and its applications
Judging in a diverse society
… and an overarching ethical awareness
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Basic Teaching Principles

Judicial education should reflect the character
and profile of the judiciary in Canada

Judicial education should implement adult
learning principles

Every area of the curriculum should reflect the
three dimensions of judicial education
 Knowledge, skills, social context (and ethical awareness)
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Our Audience: Judges
•
•
•
•
What do they do?
What are their attributes?
What are their expectations?
What are their concerns?
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Judges as Learners:
What do Judges do?

Listen, Assess, and Filter
 Receive evidence (filtering)
 Assess credibility
 Hear legal submissions

Speak (Verbal and non-verbal communication)
 Managing the trial process and beyond
 Communicating in the courtroom
 Facilitating dispute resolution (settlement conferencing)
 Oral judgments
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
Think (intellectual or cognitive skills)
 Interpret and apply principles of law, procedure
 Take into account context, exercise discretion
 Synthesize information

Decide
 Reach a decision (result)
 Decide on the outcome (remedy)

Write
 Convey decisions with reasons
 Organize evidence, notes, affidavits in written judgments
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Judges as Learners: Attributes

Motivated learners
 Judging is an isolating job. Judicial education brings judges
together to share experience

Skillful listeners
 Accustomed to processing a great deal of information in a
short time period

Concrete thinkers and problem solvers
 Do not want “theory” for its own sake, material must be
relevant, on point, and practical
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Attributes (ct’d)

Like to be in control

Seek positive reinforcement

Used to giving advice rather than receiving it
 People who have succeeded in their chosen profession

Skeptical by training, and by instinct

Tend to be impatient

Have a desire to succeed in tasks
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Attributes (ct’d)

Have a broad range of interests

Like to have fun
 Sociability and stimulation important in learning environment

Reluctant to learn new things in new ways
 Unless new method has demonstrated tangible results

Appreciative of good programs and exchanges
 Will adopt new approaches if they work/meet their needs
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Attributes (ct’d)

Diversity of judges in Canadian context
 Personal diversity, background, family, cultural, race,



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heritage, community
Work in both rural and urban settings
Work in regionally distinct areas
Work in (differing) multi-cultural contexts
Work in an ever-changing social environment
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Judges as Learners: Expectations

Want to learn new, relevant, deeper and more
engaging things

Want topics to relate directly to their work

Want to share experiences, to learn from other judges

Want faculty to be good presenters and have relevant
and convincing experience

Want to learn how to make reasoned decisions more
than finding the right answer
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Judges as Learners: Concerns

Confidentiality and “safe learning space”

Judicial independence

Prescriptive approaches
 Will resist “right answer” education, and will be careful about
whom they listen and respect

Feedback
 Adverse to criticism and not used to receiving feedback
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Adult Learning Principles
Inform Judicial Education
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Adult Learning Principles

Connect learning to learner’s experiences
 Link to what judges have done
 Adults learn best when their experiences are valued

Contextualize learning experiences
 Use learning activities that are close to judges’ realities (roleplaying courtroom scenes, giving judgments)

Integrate various perspectives in learning activities
 Encourage learners to be critical thinkers, and to explore and
progress at their own pace
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Adult Learning Principles
(ct’d)

Provide a “safe space” to learn
 Judges should remain confident and in control of the learning
process, even outside their normal comfort zones
 Some sessions may need to be “judge-only”

Respect judicial authority
 Frame education as enhancing knowledge and skills rather
than “teaching” judges
 Don’t purport to give the “right answers”
 Judges lead and control presentation of education
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Adult Learning Principles
(ct’d)

Adult learning is facilitated when learners are
actively involved
 Use a variety of formats
 Use a “learner-centred model” rather than a “teacher-centred
model”
 Create formats where learners “generate” the knowledge
 Lectures should be short and tied to activities, rather than
being the main event
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Experiential Learning

Judges learn better if learning is connected to a
task they are required to perform
 Judges learn to apply their knowledge and abilities in an
appropriate environment

Learning activities are most effective when
they incorporate the judge’s experiences
 Retention of learning increases when learning is based in the
judge’s own experience
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“I hear and I forget.
I see and I remember.
I do and I understand.”

Confucious
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Learning Preferences

All adults have distinct styles and preferences for
learning

This diversity in learning has to be recognized in
the programming

Use a variety of learning activities to
accommodate a mixture of learning styles
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Every area of the curriculum
should reflect the three
dimensions of judicial education
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3 Dimensions of Judicial Education
1.
Knowledge
2.
Skills
3.
Social context
…(and ethical awareness)
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Experiential Learning

Experiential learning encourages the
development of skills and the understanding of
social context while at the same conveying
knowledge
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Planning/Presenting
The “Three Pillars”


A broadly representative group to enhance
understanding of issues, quality of content and
credibility
1. Judges
2. Academics/Researchers
3. Practitioners/Community-based experts
Under judicial leadership (judicial
confidentiality being respected)
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Course Planning
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Learning Objectives

Distinguish from program aim, which describes
overall purpose of program

Objectives are stepping stones to achieve the aim
 Provide a framework for proper program development and
evaluation
 Help ensure facilitators and speakers understand their tasks
 Allow participants to understand what particular knowledge,
skills and attitudes they are expected to acquire or develop
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Conceptualizing Learning Objectives

What education needs will be addressed?

What will participants be able to do/do better?

What will participants take away from the
session?
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Accommodating Different
Learning Styles

An educational program should include:
 Ways to connect learners with their Experience (their own
and others’)
 Opportunities for Reflection
 The necessary Knowledge
 An opportunity to practice, Application
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E.R.C.A. – Learning activities

Experience
 Short lecture, case study, remembering past experiences

Reflection
 Panel or small group discussions, demonstrations, videos,
brainstorming

Conceptualization/Knowledge
 Lecture, analytical framework, checklist, flowchart, reference
guides

Application
 Practical problems, role play, group work
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Example: NJI Family Law Seminar

Three-day seminar for judges who hear familyrelated cases

Topics alternate over three year cycle:
 Year 1: Children
 Year 2: Evidence and Procedure
 Year 3: Financial and Property Issues
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Family Law Seminar:
“Financial and Property Issues”
Program Topics:

Spousal and child support

Reproductive technology

Self-represented litigants

Marital assets

Imputing income
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Practice Session on Reproductive
Technology

Topic introduced (experience)
 Short presentation on emergence of disputes over ownership of
frozen embryos upon dissolution of marriage

Issue defined (reflect)
 Is it possible for embryos to be considered marital assets?

Framework for problem-solving given (conceptualize)
 Three approaches presented for resolving these disputes

Practice on scenario using framework (apply)
 Hypothetical presented, and discussed in small groups
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Family Law Seminar:
Children
Program Topics:

Alienated children

Domestic violence, and custody and access

Attachment theory

Mobility

Children and settlement conferences

Grandparents, custody and access
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Children in Settlement Conferences

Topic introduced (experience)
 Children are central parties in family mediation but their voices are
rarely heard

Issue defined (reflect)
 How can judges work with children in settlement conferences and
other dispute resolution processes?

Framework for problem-solving given (conceptualize)
 Tips for talking to children provided

Practice on scenario using framework (apply)
 Participants asked what approach they might take to the situation
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Innovative Approaches:
Family Law Olympics
A Debate on Family Law Issues

Moderated by a judge

Panelists composed of four lawyers, divided by
region (East vs. West)

Participant feedback:
 “Made us think outside the box - proves you can entertain
and still teach.”
 “Very funny but also serious - great food for thought.
Appreciated the perspective of counsel.”
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Innovative Approaches:
Managing Domestic Violence Cases
Skills-based program for judges hearing domestic
violence cases in family and criminal courts

Knowledge:
 “Black letter law” – child hearsay, hearsay, records
production, credibility assessment

Skills:
 Communication, trial management, crafting orders

Social Context:
 Social science research on a number of related topics
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Family Law at NJI
1.
Programs

2.
Concept of modules – reusable “pieces”
Resources

Program legacy – Judicial e-library
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Family Law at NJI: Programs
1.
The core: Annual Seminar
2.
The emerging: semi-annual programs
3.
The focus on skills (3-5 days)
4.
The social context (3 days)
5.
The on-line programs
6.
The collaboration(s)
7.
What about me?
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Family Law at NJI: Programs
1. The core: Annual Seminar

a rotating three-year cycle
 Year 1: Children
 Year 2: Evidence and Procedure
 Year 3: Financial and Property Issues

3 days
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Programs (ct’d)
2. The emerging: semi-annual programs

2-3 day programs that seek to address emerging,
“hot” issues

For example
 Managing Domestic Violence Cases in Family and Criminal Court
 Child Development and Best Interests
 Responding to Allegations of Estrangement and Alienation
 Judicial Assistance to Self-Represented Litigants in Family Law
Proceedings
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Programs (ct’d)
3. The focus on skills (3-5 days)

Negotiation: The foundation of J.D.R. and Settlement
Conferences

Communication Skills

Judgment Writing

Computer Training

Sufficiency of Reasons

Judicial Ethics

Expert Evidence
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Programs (ct’d)
4. The social context (3 days)

Neuroscience in the Courtroom

Race Law and Judging

Judging and Social Inclusion

Judging in the Context of Diverse Truths and Cultures

Aboriginal Law
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Programs (ct’d)
5. The on-line programs

Problems in Child Protection

Sufficiency of Reasons

Child Abuse and the Internet

Social Media and Judging
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Programs (ct’d)
6. The collaboration(s)

NJI works collaboratively with a variety of institutions

In Family Law → The Federation of Law Societies (of
Canada) and their “Summer Program on Family Law”

With judges and lawyers
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Programs (ct’d)
7. What about me?

New Judges School

The Sophomore Years

Look to the Future: Retirement Goals and Strategies
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Family Law at NJI: Resources

Judicial Library (e-library)

E-letters (Family Law)
 Monthly update

Electronic Bench Books
 The Hague Convention
 Child Witnesses
 Domestic Violence in Family Law
 Disability/Accessibility Guide Book
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What can we do better?

From macro to micro:

General considerations

Innovative program formatting

Speakers and topics
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Thank you
For more information:

The Honourable Justice R. James Williams
Supreme Court of Nova Scotia, Family Division
Phone: +1 (902) 424-7212
Email: jwilliams@judicom.ca

The National Judicial Institute
Email: nji@nji-inm.ca
Phone: +1 (613) 237-1118
Website: www.nji-inm.ca
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