The Law Reform Commission reviews Saskatchewan vaccination programs and makes three recommendations: create a compensation fund for vaccine-related injuries, expand vaccination education programs to increase informed consent, and add a statutory requirement to report adverse vaccine effects. The Commission considers but recommends against mandating vaccinations for public school children.
There is currently no obligation to consult a non-custodial parent upon application to change a child’s surname after divorce. The Change of Name Act should be amended so that parental consent is required, except where a court determines that dispensing with consent is in the best interest of the child.
The Commission proposes reforms in the law of guardianship of a child’s person and estate. A draft of a Children’s Act is presented as an alternative to The Infants Act, which is now disjointed and in need of modernization and clarification. The draft incorporates proposals from this report and from the Commission’s 1981 Custody Report.
This Report recommends that the maintenance enforcement system be reformed to provide a regular flow of income without trauma or delay. Defaulting spouses and parents must be encouraged and compelled to meet their obligations. A draft Act to Facilitate the Enforcement of Maintenance Orders is included.
Between August 1979 and May 1980, the Law Reform Commission published three sets of tentative proposals concerning child custody and child civil rights. The 20 specific final recommendations in this report (mostly pertaining to the Infants Act) would implement the Commission’s earlier findings and recommendations. This report also includes a comment on the proposed Children’s Rights Act.
This report looks at support services available in family law courts and how innovative approaches can be integrated into the court system. Procedural mechanisms must be implemented to give legal reforms proper effect.
Saskatchewan uses a flexible model that recognizes the civil rights of children and expands these rights based on age and circumstance. The Law Reform Commission does not recommend changing Saskatchewan’s philosophy in this area, although it should be codified with more clarity, and amendments should be made to The Infants Act.
Saskatchewan has adopted a number of changes to The Infants Act to modernize and codify best practices for the courts in adjudicating custody disputes. The Commission recommends that the legislature make explicit the rationale for these amendments to make them more effective. The Commission outlines specific recommendations for improvement and guiding principles for further reform.
In this Background Paper, the Law Reform Commission examines the current law on children’s maintenance orders. The law is unclear, fragmented, and riddled with exceptions. The Commission identifies problems and some potential solutions before publication of tentative proposals on the issue.