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Saskatchewan Innovations In Family Law Lead To Less Adversarial And Litigious Approach

Released on July 16, 2024

Since 2022, some 450 families have no longer required the services of a court.

Saskatchewan is seeing success from a number of innovative Family Law programs and services, run through the Ministry of Justice and Attorney General, that reduce the financial and emotional impacts on families experiencing separation and divorce. 

These include Mandatory Family Dispute Resolution, which came into force province-wide in 2022. It requires families to participate in family mediation, arbitration, parenting coordination, or collaborative law before going to Family Court. 

As a result, there has been a 20 to 25 per cent reduction in the number of contested family law applications in Saskatoon, Regina and Prince Albert. Province-wide, some 450 families no longer required the services of a court to adjudicate their family law disputes.

The number of those relying on the Family Law Information Centre (FLIC) has also increased substantially. FLIC provides family law self-help kits, videos, information, and service referrals to assist those who cannot afford to hire a lawyer or choose to represent themselves in Family Court. In 2023-24, FLIC assisted 4,439 callers, responded to 12,176 emails, and met with 172 people in-person. 847 people attended a drop-in family law help session at one of the six locations offered in the province. The FLIC resources page was viewed 15,667 times and 3,787 self-help kits were sent out.

“Wherever possible, the Government of Saskatchewan wants to help families—particularly those with children—resolve legal issues in a non-adversarial, collaborative way and avoid costly court proceedings,” Justice Minister and Attorney General Bronwyn Eyre said. “We are proud to have led the country in adopting several innovative programs and services that help parties de-escalate during what can be a financially and emotionally challenging time and achieve access to justice."

Through the Family Law Services branch of the Ministry of Justice and Attorney General, the Government of Saskatchewan offers the following programs:

  • Child Support Service
  • Mandatory Family Dispute Resolution 
  • The Parenting After Separation Program
  • The Family Law Information Centre
  • Family Law Screening Program

The Child Support Service expands on the Recalculation Service, launched in 2018, and has made almost 600 decisions. It offers a faster way to update child support amounts for existing child support orders. The Government of Saskatchewan continues to fund the recalculation portion of the service with $261,000 per year. 

In addition, Saskatchewan's Parenting After Separation Program provides early access to tools that assist with the emotional and lifestyle changes that can result from separation and divorce. The program is available Online and takes approximately three hours to complete. In 2023-24, nearly 1,300 people completed courses provided through the program.

The Family Law Screening program in Regina and Saskatoon is a pilot project, introduced in October, 2022, which reviews family court applications to make sure that they meet all requirements for the court process. Officers are also trained to identify risk factors and warning signs of family violence and are able to make referrals.

Representatives from Legal Aid Saskatchewan and ADR Institute both participated in an update announcement on Family Law programs in Saskatoon on Tuesday. 

“Legal Aid Saskatchewan has provided empathetic legal support to families who are experiencing separation and divorce for 50 years," Legal-Aid Saskatchewan Chief Executive Officer Jayne Mallin said. "Over the years our approach to navigating the new relationships that arise out of separation has shifted. Today, we focus on early intervention through mediation, with Court as a last resort for our clients.  We provide clients with mediation services through our experienced, trained, and dedicated lawyer/mediators.”

“ADRSK is pleased with the Government of Saskatchewan's commitment to supporting healthy families and building healthy communities,” Debbie Brown, ADR Institute of Saskatchewan Executive Director, said. “The new changes promote alternative dispute resolution for families in Saskatchewan and will lessen the conflict experienced by families."

The federal Department of Justice, through the Canadian Family Justice Fund, has also provided financial support for a new Calculation Service, which establishes child support amounts at the beginning of a separation. 

“Divorce and separation are common experiences for many Canadians. It's essential that our family justice system effectively addresses the needs of families going through these circumstances,” Arif Virani, Minister of Justice and Attorney General of Canada, said. “By partnering with the Government of Saskatchewan and investing $285,654 over two years to Child Support Services, we are enhancing access to justice for families facing separation and divorce. This funding assists parents in determining child support amounts without the need for court intervention, making the process more accessible and more affordable.”  

 Please find additional information online at: https://www.saskatchewan.ca/residents/births-deaths-marriages-and-divorces/separation-or-divorce

 

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For more information, contact:

Justice
Regina
Phone: 306-787-8621
Email: kerri.warddavis2@gov.sk.ca
Cell: 306-533-2170

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