Canadian Lawyer

refusal. The attempts at therapeutic interven- tion may fail." Pawlitza says this was a very thoughtful thing for the court to say, and "frankly, the best advice to a client." "This is a real, live family issue and the court, while it's your only ability to try to fix the problem, it may not be a fixable problem — which is an awful thing for a parent who is on the receiving end of having a child who has been alienated by the other parent. It's a very bitter pill to swallow." Pawlitza says it's heartbreaking for family lawyers and judges, too, which "is why judges roll up their sleeves and make all sorts of or- ders for people to go to counselling or attend reunification therapy or switch custody. It's a very blunt instrument for a difficult problem." Hansen agrees, adding that she hopes the complicated issue receives further appellate court attention to clarify things further. "It's hard to be critical of judges who, on very fact-specific cases, want to approach it and problem solve it and 'roll up their sleeves,' and it's also hard to be critical of judges who are concerned and preoccupied with the issue of consent in the context of sometimes very invasive treatment," she says. "I don't know if full resolution of the issue is achievable given the moving parts. I don't know if we're ever going to get to a place where it's fully resolved." © 2020 Thomson Reuters Canada Limited TR963927-NK Get a leading comprehensive treatment of the law of evidence Available risk-free for 45 days Online: store.thomsonreuters.ca | Call Toll-Free: +1 800 387 5164 | In Toronto: 416 609 3800 30847028 $673 2 volume looseleaf supplemented book Anticipated upkeep cost – $543 per supplement (3-5 per year) Supplements invoiced separately The Law of Witnesses and Evidence in Canada (formerly Witnesses) is a leading comprehensive treatment of the law of evidence as it applies to evidence given by witnesses in civil and criminal proceedings, as well as before administrative tribunals, public inquiries, and legislative committees. This practical reference work provides coverage of evidentiary issues and expert analysis as they arise in these types of proceedings. This completely revised work introduces 11 new chapters on a variety of topics and continues the standards of excellence established by Witnesses, originally authored by Alan W. Mewett and Peter Sankoff. Individual chapters examine testimonial evidence under subjects such as competence, compellability, compelling attendance, examination and cross-examination, and privilege. 4QFDJBMUPQJDTSFDFJWFTQFDJ¾DDPWFSBHFJOEFEJDBUFEDIBQUFSTJODMVEJOHUIFFYQFSUXJUOFTTFT the problematic witnesses, the absent witnesses, and witnesses before Parliament. Available as part of the eLooseleaf Library with an integrated search option for WestlawNext Canada subscribers. See all available titles at store.thomsonreuters.ca The Law of Witnesses and Evidence in Canada (formerly Witnesses) Peter Sankoff would be an appropriate order in the circum- stances still is going to be argued. Those are things that are going to remain on every fam- ily lawyer's plate." "We all tend to use reintegration therapy as a fallback when we've got a very difficult position — this is the relief we're going to seek — but the Court of Appeal said some- thing wise family lawyers should be passing on: The court cannot fix every problem," Pawlitza adds. The ruling states that "there are of course risks in making therapeutic orders. The child may refuse to comply. A health care practi- tioner may consider that the child is capable and that he or she cannot override the child's www.lawtimesnews.com 25

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