Bill C-78 (Historical)

An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

This enactment amends the Divorce Act to, among other things,
(a) replace terminology related to custody and access with terminology related to parenting;
(b) establish a non-exhaustive list of criteria with respect to the best interests of the child;
(c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes;
(d) introduce measures to assist the courts in addressing family violence;
(e) establish a framework for the relocation of a child; and
(f) simplify certain processes, including those related to family support obligations.
The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,
(a) allow the release of information to help obtain and vary a support provision;
(b) expand the release of information to other provincial family justice government entities;
(c) permit the garnishment of federal moneys to recover certain expenses related to family law; and
(d) extend the binding period of a garnishee summons.
The enactment also amends those two Acts to implement
(a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and
(b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,
(a) give priority to family support obligations; and
(b) simplify the processes under the Act.
Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.

Divorce Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the member's interest in that area. As I indicated earlier, I suspect that once this legislation passes to committee, we will see a great deal of discussion. I would suggest to my friend that he raise this issue at committee, and maybe provide some additional details and see what happens there.

I am not in a position to go any further than that, other than to express a personal opinion, although I would like to hear a bit more before I do. However, I appreciate the sensitivity of the issue and the question.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, during the course of the debate, over the past several hours today, we have heard about initiatives to improve family law justice in this country. We have heard this afternoon about 39 new judicial appointments that are being made in four provinces to create unified family courts. We also heard articulate comments made by the parliamentary secretary to the government House leader here about the listening exercise and what we were hearing from people around the country. After the UFC, the unified family courts, initiative, what we heard is that it is one piece of the puzzle. Another piece is actually addressing the legislation, and we are doing that here.

I want to get to a point that the parliamentary secretary was not able to conclude on: the access-to-justice point. There are tools in this legislation that allow people not to have to resort to court, which is important, but there are also dollars being put in place by our government to support those initiatives at the provincial and territorial level, specifically $16 million a year to assist with negotiation, mediation, collaborative law activities and other out-of-court dispute resolution mechanisms that are implemented by the provinces.

Does the parliamentary secretary believe that is exactly what is needed here to support this legislative instrument, with the dollars that get people out of court and get their matters resolved in a more efficacious manner?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I know the parliamentary secretary has been here throughout the day, posing some very good questions advancing the bill.

It is one thing to bring forward the legislation, which is absolutely fantastic to see. Another part of it is to look at ways in which we can deal with this through the budget. We have seen that, through the minister providing support not only in legislation but also in budgetary measures, such as the parliamentary secretary has referenced now and earlier.

I want to pick up on the idea of increasing access to justice and improving efficiencies by encouraging the use of out-of-court dispute resolution and requiring parties to try to resolve matters through dispute resolution processes. That is something that is very tangible that would in fact make a difference. This is the type of initiative that would be very well received overall, and hopefully speed up the entire process. If there were something I should have provided more comment on during my speech, it would be the issue of this not only being in the child's best interest but that it will also speed up the process. I really do believe that, and at the end of the day, I am very glad to support the legislation.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I would like to follow up on my question so I could be more specific. It is known as the spanking exception. In a domestic household, parents in this country are allowed to hit their children. It is a form of assault that other countries in the world have now made illegal. It represents an outmoded form of violence that really most people nowadays understand causes trauma and physical and emotional harm to a child.

If the current government is proud of this legislation that puts the interests of children first and is concerned about doing something about domestic violence, I am going to put a clear question for my hon. friend. Will his government bring forward legislation to amend the Criminal Code to remove the exception that allows parents to use physical violence against their children as a form of punishment and control?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I can tell it is an important issue to my friend across the way, and there are things that are taking place. If we look, for example, at the TRC, there are recommendations dealing with children and no doubt there is consideration being given on a wide spectrum of things and this is one of those issues.

I would like to suggest for my friend across the way that he bring the matter before the committee and see if the committee might want to take into consideration what the TRC report actually had to say also. I am not familiar with the details of it, but I am sure my colleague across the way can familiarize himself with it, raise it with the committee, and who knows what may come of it.

[The Deputy Speaker, Bruce Stanton]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker, Bruce Stanton]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Deputy Speaker, Bruce Stanton]

I declare the motion carried.

Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Motion agreed to, bill read the second time and referred to a committee)

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I rise on a point of order. I believe if you were to canvass the House, you would find unanimous consent to see the clock as 5:30 p.m.

[The Deputy Speaker, Bruce Stanton]

Is that agreed?

[Some hon. members]

Agreed.

[The Deputy Speaker, Bruce Stanton]

Accordingly, the House will now proceed to the consideration of private members' business as listed on today's Order Paper.