In 2017, Scott Venturo Rudakoff LLP started an action to challenge the validity of a provision of the Alberta Family Law Act under section 15 of the Canadian Charter of Rights and Freedoms, the equality provisions. As a result of our advocacy, the matter came to the attention of the government.
On Friday, November 2, 2018, the Alberta Minister of Justice, Kathleen Ganley, posted this on her Facebook page:
“I want to thank Christina, and her daughter Emily, for bravely sharing their story with media last year and bringing light to this important issue. I am proud to be part of a government that listens to Albertans and fights for what matters. Our government plans to propose changes to legislation this fall that will ensure people like Christina, who are caring for disabled adult children, can apply for ongoing child support on behalf of their child. These proposed changes will align Alberta to all other Canadian jurisdictions and better protect and support single parents of adult children with disabilities. Most importantly, these proposed changes will ensure Albertans like Christina and her family do not fall through the cracks.”
Janet Russell, QC, was successful in having the current provision struck (and replaced) as offending the Charter on Monday, November 5. She looks forward to seeing the new legislation but in the meantime, her client has had a remedy that will assist the disabled child.