Legal Counsel

Legal Counsel

Employer: Family and Children’s Services Niagara.

Location: Welland, Ontario.

Type: Regular-Full Time (33.75 hour/week).

Benefits: 4 weeks paid vacation, 5 personal days, pension, health and dental benefits.

WHO WE ARE:

Family and Children’s Services has been making a positive difference in the lives of children, youth, and families in Niagara for more than a century. As a multiservice agency providing child welfare services, fostering and adoption, counselling, and childcare, the team at FACS Niagara works to keep children safe and families strong.

POSITION SUMMARY:

Reporting to the Senior Counsel, the Legal Counsel is responsible for providing comprehensive legal consultation, representation and training for FACS and its staff in all matters related to the execution of its mandate under the Child, Youth and Family Services Act.

KEY RESPONSIBILITIES:

Court Related Activities:

• Prepares cases for presentation in court by coordinating the gathering of all information and evidence, drafting and/or reviewing pleadings, affidavits, briefs and other documents for filing with the court and preparing witnesses.
• Represents FACS in all levels of the courts and tribunals in relation to Child, Youth and Family Services Act, Children’s Law Reform Act, Family Law Act and other statutes in both contested and uncontested matters including adjournments, contested motions, motions for summary judgment, hearings, conferences, motions for disclosure and trials, and appeals.
• Prepares and documents all legal issues, processes and case activities/ dispositions.
• Negotiates settlements where possible.
• Represents the agency with respect to any litigation involving disclosure of agency records.
• Represents FACS in Child Abuse Register expunction hearings.
• Ensures documentation of all legal issues, processes and case activities in accordance with established procedures.
• Provides assistance, where required, in the preparation of legal notice and documentation of court related matters.
• Assists the Child Protection Workers as required in their preparation to appear on criminal matters and on family law related matters.
• Provides liaison with other outside agency lawyers with respect to court applications.
• Liaises with responding counsel, OCL, community service providers, parties, and court staff regarding progression of cases.

Legal Consultation:

• Provides legal advice and services to FACS staff on the interpretation and application of the CYFSA and other legislation pertaining to child welfare or family law.
• Provides legal consultation with staff regarding case planning, abuse registration, adoption issues, etc.
• Participates in case conferencing and advises where appropriate on case management issues
• Relationship Management.
• Demonstrates behaviours, actions and attitudes that are consistent with FACS vision, mission and values.
• Develops and maintains collaborative relationships both internally and externally in order to build trust and confidence in the services provided.
• Provides liaison with community counsel contracted to offer assistance with trials and back up agency counsel.
• Shares information according to privacy and/or confidentiality guidelines.

Team Building:

• Actively participates and engages in team and staff meetings training sessions and other meetings/sessions as required.
• Supports the team and works with team members to ensure department needs are met.

Other Related Activities:

• Prepares and presents training programs for FACS staff, foster parents and others as applicable regarding pertinent aspects of the CYFSA or other legislation related to FACS business.
• Ensures preparation of required statistical reports (e.g. monthly legal template).
• Knows and adheres to all applicable FACS policies, procedures and relevant administrative practices.
• Strives to exceed all accountabilities and achieve continuous quality improvement and excellence in all activities and outcomes.
• Participates in mandatory learning/education to maintain Continuing Professional Development credit requirements and to maintain and update skills and knowledge as required.
• Assists in the training and orientation of peers.
• Works in compliance with the provisions of the Occupational Health and Safety Act of Ontario and the regulations.
• Performs other duties as required.

EXPERIENCE AND EDUCATION:

Qualifications:

• Bachelor of Law Degree or J.D. and membership in good standing of the Law Society of Ontario, duly enrolled as a Barrister and Solicitor of the Ontario Court of Appeal.
• 1 to 2 years of experience representing children, parents or a Children’s Aid Society in CYFSA or Family Law proceedings preferred.
• Excellent knowledge of case preparation, presentation and litigation techniques and alternative dispute resolution strategies.
• Advanced knowledge of legislation governing child welfare including Family Law Rules, and other relevant legislation.
• Knowledge and experience in the application of related legal theory and practice.
• Valid G Driver’s License and access to a reliable motor vehicle with appropriate liability insurance is required.

GENERAL SKILLS AND ABILITIES:

• Good ability to use MS Office applications (e.g. Word, etc).
• Excellent written, oral communication and interpersonal skills providing constructive, meaningful and timely interaction with all levels of staff.
• Excellent presentation and advocacy skills to represent the agency before the court and in other forums.
• Solid ability to think analytically with attention to detail in the presence of frequent interruptions.
• Excellent ability to make decisions of sound judgment and provide legal advice, often in crisis or emergency situations.
• Solid understanding and commitment to quality service and best practice.
• Highly detail-oriented.
• Accountable for own actions and decisions, making decisions within the scope of the position and referring issues/problems/events to the manager as required.
• Flexible, adaptable and responsive to change.
• Ability to deal with highly sensitive and personal information in a confidential manner; acts with integrity and trustworthiness.
• Self-directed with an excellent ability to organize, plan, prioritize and multi-task.
• Excellent ability to work with and meet tight, critical timelines.
• Ability to communicate in French or another language an asset.

EFFORTS AND WORKING CONDITIONS:

• Work is primarily performed at a desk in a normal office environment.
• Intermediate periods of sitting and computer/phone use.
• The incumbent has the freedom to move about or change position at will.
• Multi-tasks within a fast-paced, high-volume and demanding environment.
• Frequent periods of legal review and analysis and proofing of documentation required.
• Absorbs and interprets information from multiple parties on a regular basis.
• Required to listen to and reconcile multiple points of view being discussed/presented.
• Participates or leads meetings or other where differing viewpoints are being presented.
• Frequent interruptions.
• Regular travel to FACS sites or within the region.
• Occasional travel outside the region is required.
• Frequent lifting and/or carrying of boxes and briefcases of up to 20 lbs.

Please apply with your cover letter and resume to .

We thank all applicants however only those considered for an interview will be contacted.

Family and Children’s Services Niagara is an equal opportunity employer committed to inclusive barrier free recruitment and selection processes and work environments. We will accommodate the needs of applicants under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA) throughout all stages of the recruitment and selection process. Please advise the Human Resources Department to ensure your accessibility needs are accommodated through this process.

A lot has changed in our community and our world since the founding of Family and Children’s Services Niagara in 1898, but our organization’s commitment to safe kids and strong families holds true. Through an extensive portfolio of programming, including child protection, fostering and adoption, counselling, and childcare, FACS Niagara protects our community’s children, strengthens its families, and helps youth and adults achieve their full potential. In the Ministry of Community, Children and Social Services 2021 Annual Review, FACS Niagara was recognized for: 100% compliance related to children and youth placed in extended society care for 24 consecutive months 100% compliance related to all Indigenous service requirements