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Judicial system faces challenges in family law

The Christmas Day deaths of Chloe and Aubrey Berry are a tragedy that has shaken communities beyond Oak Bay.

The Christmas Day deaths of Chloe and Aubrey Berry are a tragedy that has shaken communities beyond Oak Bay. Some have singled out the judge in the parents’ family-law case as being to blame, despite the fact that the parents themselves had come to their own agreement over custody and who would have access over the holidays.

The girls’ mother, speaking through her lawyer, expressed that “this was not a bitter custody battle” and that custody issues had been ironed out last year.

The case heard by Justice Victoria Gray was no different than any of the thousands that go through the courts. Disputes like it go on every day. There is nothing unusual in her judgment.

Gray applied the law based on the evidence before her. Sadly, the marital breakup, which at the best of times is emotional, resulted in a greater tragedy.

Miriam Kresivo, QC

President of the Law Society of B.C.