Do You Have to Try Mediation After Abuse in Saskatchewan?

If you have left a relationship that involved violence or fear, being told to sit down with your former partner in mediation can feel impossible. Saskatchewan does require families to try dispute resolution before many court steps, but the requirement is not absolute.

This article explains where the requirement comes from, how the exemption works in general terms, and how it connects to court practice in Regina and Saskatoon. It also points to a separate emergency option if your safety is at risk. Every situation is different, so a lawyer can confirm how this applies to you.

This article covers the law of Saskatchewan.

What the requirement is and where it comes from

Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings.

Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators. Section 3-1 of The King's Bench Regulations sets the membership requirements for recognized family mediators.

The federal Divorce Act points the same way. To the extent appropriate, parties shall try to resolve the matters that may be the subject of an order through a family dispute resolution process. A legal adviser must encourage clients to do so unless it is clearly inappropriate.

When a court can excuse you

A person can apply to the court for an exemption from the family dispute resolution requirement. The situations the government lists are where there has been interpersonal violence, where the other parent has abducted a child, or where there is other urgency.

• Interpersonal violence
• Abduction of a child by the other parent
• Other urgency

The wording of the Divorce Act is also worth noting. The duty to try dispute resolution applies to the extent appropriate, and lawyers need not push it where it is clearly inappropriate. Whether your situation qualifies for an exemption is for the court to decide, so it is worth getting legal advice before you decide to skip the process.

How court practice in Regina and Saskatoon fits in

The Court of King's Bench Family Practice Directive #7 applies in Saskatoon and Regina. It requires a judicial case conference before certain chambers applications. It also lists compliance with the s. 7-4 dispute resolution requirement among the pre-conditions to seeking an order.

In practice, this means that if you want to ask for certain orders in those cities, you generally need to have either met the requirement or been excused from it. That is why the exemption matters: without it, the requirement can stand in the way of getting before a judge.

Urgent safety is a separate route

If you need protection now, an exemption application is not the only tool. Under The Victims of Interpersonal Violence Act, a designated justice of the peace can grant an emergency intervention order without notice if satisfied that interpersonal violence occurred and urgency means the matter should not wait for a judge.

The victim applies in person, or someone applies for them with leave. Designated persons such as peace officers and victim services staff may apply by telecommunication, and the order takes effect immediately.

• It can give the victim exclusive occupation of the residence regardless of ownership.
• It can direct a peace officer to remove the respondent.
• It can bar contact, including electronic contact, or attendance at places like work or school.
• A judge reviews it within three working days of receipt, or as soon as a judge is available, and the victim or respondent can apply to vary or revoke it.

What to do next

• If you are in immediate danger, contact police or victim services right away.
• Write down incidents, dates and any police or medical contacts, so you can explain the history clearly.
• Keep any court papers you have received, since the requirement is tied to the stage of your court case.
• Speak with a family lawyer about whether to apply for an exemption and how it fits with your court location and the orders you need.
• Tell your lawyer about any child abduction concerns or other urgent issues early.

Frequently asked questions