Trusted Tips and Resources

Trusted Tips & Resources

Trusted Regina Lawyers at MacKay & McLean Share the Law Around Domestic Violence and Best Interests of the Child.

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean is a  TRUSTED REGINA LAW Firm. In Mackay & Mclean's latest legal tip they provide helpful information about the family law about domestic violence and the duty of care to children.  

Family Lawyers at MacKay & McLean Barristers & Solicitors Share the Law Around Domestic Violence and the Best Interests of the Child. 



In our latest Trusted Regina Legal tip, we share information on domestic violence and the Children’s Law Act when considering the best interests of the child.


On March 1, 2021, The Children’s Law Act, 2020 (the “CLA”) came into force. The CLA amended the criteria for the best interests of the child analysis, directing the courts to more effectively consider family violence as a factor when determining decision-making responsibilities and parenting time.

The relevant sections of the CLA for determining an appropriate parenting order are sections 10(1) through 10(4), which now specifically require the court to take into consideration any family violence including the nature, seriousness and frequency of violence, the harm or risk of harm to the child and the pattern of this behaviour, amongst other factors. 

Allegations of domestic violence are present in a significant number of applications before the court. However, more often than not, the alleged abuser categorically denies the allegations. The issue of who to believe and what weight to attribute to the allegations has been a common issue in family law. With the new amendments to the CLA, these issues are, once again, front and center.

Since the CLA came into force several cases have come before the Saskatchewan Court of Queen’s Bench addressing this issue. In Juraville v Armstrong, 2021 SKQB 73, the mother and father both alleged physical, verbal, emotional and sexual abuse at the hands of the other and denied, absolutely and completely, the version told by the other. Mr. Justice Megaw performed an in-depth analysis of how the court considers contradictory evidence of domestic violence in light of decision making and parenting, stating:

 

The real question, therefore, is not whether particular events, or any events, did or did not happen. Those may be determined in a trial, or they may remain undetermined. The focus of the court now must be on, and remain on, the best interests of these children and how to safely structure parenting in view of what is being alleged. The allegations of violence and abuse must, of course, be considered in determining these best interests. Such consideration is done not from a perspective of punishing the alleged abuser, or any party. It is important to keep in mind, by addressing the allegations of violence and abuse and by inserting protections, the court is not to be seen as having made findings of fact regarding these allegations.
 

Ultimately, despite the significant allegations of domestic violence, Mr. Justice Megaw determined that the concerns regarding allegations of violence could be addressed by ensuring the parties did not interact on a personal level and that the evidence did not support a conclusion that the children’s best interests would prevent parenting time with either the mother or father.

In a similar decision, DW v EO, 2021 SKQB 157, both parents alleged domestic violence was inflicted by the other and adamantly denied they were the perpetrator of any abuse. Despite the allegations, Madam Justice Richmond determined that it was still in the child’s best interests to have a shared parenting arrangement to facilitate the relationship between the child and both parents. This, despite the fact that both parents alleged family violence, demonstrated an unwillingness to cooperate with the other regarding the care of the child with violence and arguments continuing to occur in front of the child and a high level of anger and animosity towards each other.

While it is now a legislative requirement through the CLA for the court to consider domestic violence when analyzing the best interests of the child, it is still only one of many factors for the court to consider in a highly subjective analysis. Based on recent case law, the presence of domestic violence, particularly where the violence has not been inflicted on the child, appears to have minimal impact on the best interests of the child analysis.


Robert Mackay and the team at Mackay & McLean offer a variety of legal services and are able to represent you in a variety of situations that require counsel. In addition, they offer a free initial consultation. Trusted Regina Lawyers, based in Regina Saskatchewan, specialized in real estatecriminalpersonal injurycommercial & family law.

See more legal tips from Mackay & McLean here 




WINMAR® Trusted Regina Disaster Service & General Contractor share how they are making a difference.

WINMAR® Regina performs restoration services for residential and commercial properties across Saskatchewan. Our crews offer prompt and professional services to help our customers get back to pre-loss life with the least amount of interruption and associated costs as possible. . They are the Regina property restoration specialistsWINMAR IS A TRUSTED REGINA DISASTER SERVICES & REGINA GENERAL CONTRACTOR. In their latest tip,  they share how they are making a difference. 



WINMAR® Regina Making a Difference.



WINMAR® is dedicated to operating and growing our business as a responsible corporate citizen, committed to our communities and to sound environmental management.

 

We’re committed to working towards smaller, fuel-efficient and alternative fuel vehicles and completing environmental assessments of our facilities and operations. Reducing the amount of debris sent to landfills is one of our focuses.

 

Working together with our industry partners and members of the restoration specialist community, we’re taking responsible steps to ensure the planet and its resources are healthy for the next generations.

 

Esporta® Cleaning System


The ES-3300 Esporta Wash System is more than just a washing machine. It’s an innovative washing system using a patented system of hydraulic pressure cleaning combined with environmentally friendly detergents to effectively disinfect soft contents. Esporta is used for numerous situations including fire/smoke contamination, sewage contamination and flood contamination. Shoes, outerwear and even sporting equipment can be rescued. Treasured family items that would have previously been destined for a landfill can be returned to their rightful place in your home.

 

Fireline Cleaning Equipment


WINMAR® is proud to implement the FIRELINE SYSTEM® for the processing of contents. This amazing new technology has changed the way hard contents and electronic items are restored. With the use of ultrasonic waves, items can be efficiently and economically cleaned. Valuable items like figurines, dishes, and silverware can now be safely returned. Electronics and appliances built with hard plastics that don’t break down are less likely to be sent to a landfill.


Our commitment for the future includes our Winmar Sustainability Policy. We use revolutionary technology that helps ensure your precious and personal items can be returned to their home where they belong. Not the landfills



WINMAR Regina's experienced and certified staff provide full-service restoration for all types of loss;

With their 24 hours a day, 7 days a week, 365 days a year service they always come through for you.


WINMAR IS A TRUSTED REGINA DISASTER SERVICES & REGINA GENERAL CONTRACTOR



Trusted Regina Auto Body Pros at Bergen’s Auto Body Explain Supply Chain Issues Affecting The Auto Industry

Bergens Auto Body is a Regina family collision repair and auto body shop and from the moment you call you will be treated like family! They are proud to have an amazing 80 Years Auto Body Experience, and they have been serving Regina Auto Body needs for over 30 Years....they have a loyal customer base that simply wouldn't think of going anywhere else. Bergens are Regina's best OEM Certified, SGI Accredited Collision repair shop and Bergen's Auto Body is a Trusted Regina Auto Body Shop.

Here at Bergen’s Auto Body & Collision Centre, we treat you like family and that means we work hard to give your vehicles back to you properly and most importantly safely!

Please Be Kind

We currently have a situation that has never been a problem or concern in the past. Our suppliers are having huge issues accessing all parts from their manufacturers.

We are sure that you have probably heard about supply chain issues in the news, so hopefully you will recognize that this is not a Bergen’s problem, this is a global problem due to the Pandemic.

Please be patient, as we are doing everything we can to move things forward, but there is only so much we can do. The delays cause major issues with our work flow in the shop,  and at times is has  been overwhelming for the Bergens Auto Body staff. Please know that we are working our hardest and trying our best to get those vehicles to you as quickly and safely as we can.”- Jon Bergen

How Can You Help?

If you have minimal damages for repair, such as small windshield cracks and tiny dings on your bodywork, we would appreciate it if you would hold off contacting us for repair until summer.  Right now we have to prioritize the worst damaged vehicle, as we need get our most in need clients vehicles back on the road.

Please be kind as we navigate this new normal . We can’t accommodate our clients the way we want to, and we all look forward to the issues being resolved soon!

Thank you for your understanding.
John and Bergen’s team

Watch Jons Video Below.





Read more of Bergens Auto body Tips:

Bergens AutoBody Trusted Regina Auto Body Tip On Collision Avoidance Technology

Bergens Auto Body is a Regina family collision repair and auto body shop and from the moment you call you will be treated like family! They are proud to have an amazing 80 Years Auto Body Experience, and they have been serving Regina Auto Body needs for over 30 Years....they have a loyal customer base that simply wouldn't think of going anywhere else. Bergens are Regina's best OEM Certified, SGI Accredited Collision repair shop and Bergen's Auto Body is a Trusted Regina Auto Body Shop.

Collision- avoidance is advanced technology available on an ever-growing range of vehicles.

Could you ever have imagined a time in your life when your car would be able to “see” other vehicles or pedestrians?  This amazing technology is now readily available, and that means many new cars and trucks can now anticipate collisions, and automatically apply the brakes or take corrective steering actions!!

Some of these capabilities, such as forward-collision warning systems, have been around for a few years, mostly on high-end luxury cars. Others, like steering assist, are just getting added. We are happy to share that collision-avoidance systems are getting better and are spreading to mainstream cars.

Radar, Cameras and Lasers Utilized in Collision Avoidance Systems

These cutting-edge active safety systems rely on a number of sensors, cameras, lasers, and short- and long-range radar. They monitor what is going on around the vehicle—vehicles, pedestrians, cyclists, and even road signs—as well as the vehicle itself. Inputs are processed by computers, which then prompt some action from the car or the driver. Those actions may start with attention-grabbers, such as a beep, a flashing dashboard icon, a tug from the seatbelt, or a vibration in the seat or steering wheel. If the driver doesn’t respond, the more advanced systems then apply partial or full braking force. If a warning system emits too many inappropriate alerts, however, then there is an increasing temptation to switch it off.

“In the end, these systems can do a lot of good in preventing crashes from happening in the first place. But it’s still very important for drivers to realize that no matter how much collision-avoidance technology is on your vehicle it never reduces the need to stay alert at all time.” Jon Bergen

Here at Bergen’s Auto Body & Collision Centre, we treat you like family and that means we work hard to give your vehicles back to you properly and most importantly safely!


Bergen’s Auto Body & Collision Centre will treat you like family and that means they work hard to give your vehicles back to you properly and most importantly safely!

Bergen's AutoBody & Collision Centre are TRUSTED REGINA AUTO BODY & Collision Repair Expert 







Trusted Regina Lawyers At MacKay & McLean Explain Custody and COVID-19 Vaccinations

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean are TRUSTED REGINA LAWYERS. In Mackay & McLeans latest legal tip they provide helpful information for separated couples about chid custody and COVID-19 Vaccinations. 

Things To Consider Regarding Custody and Covid Vaccinations- A Legal Perspective 


 Most parents who are separated or divorced will have joint decision-making authority (previously known as joint custody), through a separation agreement or court order. This means that both parents’ consent is required for medical decisions, which includes vaccinations. For most parents, the decision to vaccinate their children is an easy decision to make. However, with the introduction of the experimental COVID-19 vaccine, whether or not to vaccinate is a rapidly increasing issue in family disputes. This issue is further complicated when the child reaches an age where they can express their opinion on the issue.

Canadian courts, in considering the views of a minor when determining what is in their best interests, contemplate what is referred to as the “mature minor doctrine.” In deciding whether or not to take a child’s voice into consideration, the court considers the child’s age and their maturity. Even if the court does decide to take the views of a child into consideration, the child’s wishes are not determinative. Rather, they are simply one factor to be taken into consideration against the entire backdrop of the situation.

The issue of competing wishes amongst a child and their parent(s) on obtaining the COVID-19 vaccination was recently addressed by Mr. Justice Megaw of the Saskatchewan Court of Queen’s Bench in the decision O.M.S v E.J.S., 2021 SKQB 243. The father of a 12-year-old daughter sought an order allowing him to get his daughter vaccinated without the consent of the mother, who was opposed.

The father wanted his daughter to receive the vaccination due to his concerns regarding the COVID-19 virus, while the mother was opposed based on the daughter’s desire not to have the vaccination, the daughter’s diagnosis of vaccine toxicity, and the mother’s general opposition to vaccinations and concerns about the accuracy of COVID-19 information.
In making his decision, Mr. Justice Megaw undertook an analysis of the Divorce Act and relevant case precedents with his primary focus being on the best interests of the child. In considering the child’s wishes, Mr. Justice Megaw stated:
I cannot simply, in any event, exercising the Court’s parens patriae jurisdiction, leave the decision in this regard in the hands of a 12-year-old. She is, after all, a child. She is 12. She is entitled to expect the ongoing guidance of the adults in her life and she is not entitled on all matters to simply make a decision on her own. This is one of those situations. Her views, as suspect as they may be, do not carry the day here.
Mr. Justice Megaw, taking into consideration the global pandemic, the child’s needs, and the child’s views and preferences, determined that it was in the best interests of the child to receive the vaccination without the consent of the mother, despite the contrary desire of the child.

In a similar decision, D.P. v G.M., 2021 QCCS 3582, the Superior Court of Quebec decided in favor of a 12-year-old child receiving the COVID-19 vaccination who, unlike in O.M.S v E.J.S., 2021 SKQB 243, expressed a desire to receive the vaccination. The child’s mother asked the court to grant an order allowing her son to receive the vaccine, while the father refused as he believed the child already had antibodies and was concerned about side effects due to the child’s weight and previous allergies. The child was represented by his own lawyer and representations were made on his behalf confirming his desire to receive the vaccination.
The court, focusing on the best interests of the child, determined that it was in the child’s best interests for the vaccination to be administered without the consent of the father. When considering the child’s wishes, the court stated:
Although the child’s desire cannot be considered as decisive in the present matter (only a minor aged 14 years and may give his consent to care alone), the Court notes that the child’s wish is serious and well-reasoned.
In a decision of the Ontario Superior Court, A.C. v. L.L., 2021 ONSC 6530, the parents of 14 year old triplets agreed that their children had the capacity to make a decision on whether or not they received the COVID-19 vaccination. The court, in light of the parents’ agreement, allowed for two of the children to receive the vaccination, and one not to, based on their respective wishes.

While there have been a limited number of reported decisions addressing children and the experimental COVID-19 vaccination in the context of a separation or divorce, the courts appear to be ruling in favor of a child getting vaccinated in accordance with public health guidelines, regardless of the wishes of the child or a vaccine-hesitant parent.
If you are separated or divorced and dealing with the issue of vaccinating your children, our lawyers are ready to help. Contact our office for a free 30 minute consultation.




Robert Mackay and the team at Mackay & McLean offer a variety of legal services and are able to represent you in a variety of situations that require counsel. In addition, they offer a free initial consultation. They are Trusted Regina Lawyers, based in Regina Saskatchewan,  and they specialize in real estatecriminalpersonal injurycommercial & family law.

See more legal tips from Mackay & McLean here 



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