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 bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 6, 2019 Passed Time allocation for Bill C-78, 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

JusticeGovernment Orders

October 4th, 2018 / 1:50 p.m.
See context

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I am honoured to rise to speak to Bill C-78. I am not approaching this as a lawyer, as many of the others have done today. I am approaching this as a woman who has been divorced as well as a woman who has worked in a constituency office, dealing with people who have come from divorce and with different government departments.

I am going to begin with some of my experiences as a constituency assistant and how the Canada child benefit divvies out the money. The Canada Revenue Agency, under the leadership of the Conservative government, did an excellent job when it came to shared custody and shared parenting. That has become a nuance for many new families. If I was asked 20 years ago, when I look at that, shared parenting was not really an option. Now many families are looking at this. When the Canada Revenue Agency gave people the opportunity to divide their benefits, it became very beneficial for many of those families.

The only question I will have for the government with respect to this, what does 40% mean? A lot of times when we look at those numbers, it can be very difficult. We have to recognize that when someone has custody of his or her child, is that child in school? Is that parent picking the child up from school? Is the child sleeping in that parent's home? So many factors have to be looked at. I want to ensure that when we talk about the 40% for parenting, that it is looked at with a microscope.

As a person who has had a divorce, I understands what it is like to raise children who have come from that situation. It has been very difficult. If we talk about child support, I am pleased to see in the bill that child support does not have to go in front of a judge or to a court and that it can be done at an administrative level. For many families, this is a huge barrier, whether it is having to pay the legal fees or having to go through the entire process. Making it easier for families is very important.

We have to understand that there are barriers to that as well. My colleagues have raised question on how we addressed some of those, such as when people are being paid under the table. Many parents, both fathers and mothers, across the country do not pay their child support. They and are trying to rip off their children. At the end of the day, the children are the ones who are most affected. Anything we can do to ensure we always put the best interests of our children forward is very important.

Let us talk about the psychology and the emotional issues that occur around a divorce. I fully support what is in the bill on child welfare. Children have to come first during a divorce. When I look at myself, I think of divorce as 20-20 hindsight. If I could have done things differently, I would have. However, at that time, the emotions, the anger, wanting revenge, all of those horrible things people feel during separation and divorce occur. We have to recognize that it is such an emotional issue. I apologize to all of the lawyers in the room, but sometimes it gets worse when people go to lawyers and they put themselves $20,000 behind the eight ball because of it.

Brian Galbraith, a lawyer in Barrie, wrote this on his website:

Depression can often follow separation and divorce. According to the National Population Health Survey, the two-year period after a divorce has high rate of serious psychological problems for the couple. This is not a surprising effect given the anxieties about children and the drastic life and income changes people experience during this time.

In an issue of Psychology Today, it states:

Divorce introduces a massive change into the life of a boy or girl no matter what the age. Witnessing loss of love between parents, having parents break their marriage commitment, adjusting to going back and forth between two different households, and the daily absence of one parent while living with the other, all create a challenging new family circumstance in which to live. In the personal history of the boy or girl, parental divorce is a watershed event. Life that follows is significantly changed from how life was before....The dependent child's short term reaction to divorce can be an anxious one.

The government talks about child welfare, mediation and about the opportunities to have a lawyer assist children. If we to look at this, we have to ensure we have those resources for them.

When I went through my divorce 18 years ago, the opportunities for low-income women, as I was at that time, were not available. An appointment for my son to sit down and talk about it was not available to him. It took eight months.

JusticeGovernment Orders

October 4th, 2018 / 1:55 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

The hon. member for Elgin—Middlesex—London will have 15 minutes coming to her when we resume debate plus 10 minutes of questions and comments.

JusticeOral Questions

October 4th, 2018 / 2:20 p.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, yesterday the Prime Minister had the chance to respond to Canadians, do the right thing, and move Tori Stafford's killer back behind bars. He had a chance to speak out against this terrible decision and act to reverse it. Instead, he did what he always does when he is challenged. He acted like a bully and called us names, but in doing so, he rejected the calls from Canadians, and indeed from Tori's family, to correct this injustice. When will the Prime Minister stop acting like a bully, stop calling names, do his job and reverse this terrible decision?

JusticeOral Questions

October 4th, 2018 / 2:20 p.m.
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Québec Québec

Liberal

Jean-Yves Duclos LiberalMinister of Families

Mr. Speaker, our hearts go out to the family of Tori Stafford for the loss they have endured and lived with for the last nine years.

The Corrections and Conditional Release Act makes individual placement decisions on inmates the responsibility of corrections staff, not politicians. The Minister of Public Safety and Emergency Preparedness has asked the new commissioner of corrections to fully review the placement decision in order to ensure that it was compliant with all correctional service policies and to make sure that these policies are adequate.

JusticeOral Questions

October 4th, 2018 / 2:20 p.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, Tori's dad could not have been clearer. He wants the Prime Minister to reverse this decision. We all want action.

The Prime Minister could immediately implement a broad policy, which would make sure that no child killer is placed in a healing lodge. That would include McClintic and anyone like her. It would be a broad policy. It would be very simple. It would satisfy the concerns the government has.

Again, will the government do its job, will it act and will it reverse this decision with a broad policy?

JusticeOral Questions

October 4th, 2018 / 2:20 p.m.
See context

Québec Québec

Liberal

Jean-Yves Duclos LiberalMinister of Families

Mr. Speaker, obviously, our thoughts are with Tori Stafford's family, and we sympathize with the grief and suffering they must have endured over the past nine years. Under the corrections act, decisions on inmate management are the responsibility of professional corrections staff, not politicians. The minister has asked the commissioner to review the decision made by her predecessor in order to ensure that it was compliant with existing policies and to determine whether those policies could be improved.

JusticeOral Questions

October 4th, 2018 / 2:45 p.m.
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Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, yesterday, the Liberals voted against our Conservative motion to put eight-year-old Tori Stafford's killer, Terri-Lynne McClintic, back behind bars. Also yesterday, Tori's father, Rodney Stafford, visited Ottawa and gave several media interviews in which he asked the Prime Minister to reverse the transfer of his daughter's killer.

Will the public safety minister and the Prime Minister listen to Tori's father and the outrage of Canadians and put McClintic back behind bars?

JusticeOral Questions

October 4th, 2018 / 2:45 p.m.
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Karen McCrimmon Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Mr. Speaker, the loss and pain that the family of Tori Stafford has suffered is heartbreaking. Section 28 of the Corrections and Conditional Release Act says that inmate placement decisions must be made by the Correctional Service of Canada. Parliament decided that this power does not belong to a minister. However, the Minister of Public Safety asked the corrections commissioner to do a review, ensure that policies and procedures were followed and that those procedures remain appropriate.

JusticeOral Questions

October 4th, 2018 / 2:45 p.m.
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Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, Parliament has actually opined under section 6 of the act that the corrections Canada officials have to listen to the minister. Before, under the Conservatives, Tori Stafford's killer was behind bars. Under the Liberals, she was moved to a healing lodge, and yesterday, Rodney Stafford, the father of Tori, made an impassioned plea to the Prime Minister to put his daughter's killer back behind bars. He said, “I wanted to see if I could kind of touch him a little. It's not about politics.”

Will the hon. members listen to Tori's father immediately and put Terri-Lynne McClintic back behind bars?

JusticeOral Questions

October 4th, 2018 / 2:45 p.m.
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Karen McCrimmon Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Mr. Speaker, we do understand the loss and pain that Tori Stafford's family has gone through all these years, but it is important to understand the powers that have been vested in this Parliament by Parliament.

Former Harper PMO lawyer Benjamin Perrin said, “This may be unpopular to voice but I’m concerned with politicians being the ones who decide how any particular individual offender is treated.”

JusticeOral Questions

October 4th, 2018 / 2:50 p.m.
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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, during question period yesterday, the Prime Minister asked us to listen to Tori Stafford's family. That is what we have been doing since this debate began.

We are listening to the family, and we are their voice in the House. Tori's father wants to see the criminal who heinously took his daughter's life back behind bars.

Why do the Liberals insist on defending the indefensible, when they should be defending and listening to the victims of this awful crime?

JusticeOral Questions

October 4th, 2018 / 2:50 p.m.
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Karen McCrimmon Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Mr. Speaker, section 28 of the Corrections and Conditional Release Act says that inmate placement decisions must be made by Correctional Service Canada. This act was created in 1992 by a Conservative government. As much as he might like to, the Minister of Public Safety cannot simply overrule laws, including the ones created by Conservative governments.

JusticeOral Questions

October 4th, 2018 / 2:50 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Mr. Speaker, the Prime Minister said that we should not try to guess what Tori Stafford's family wanted when it came to putting her killer back behind bars, but we do not have to. Tori's father said yesterday, “Somebody clearly messed up, made a mistake and I'm just trying to get this mistake reversed.”

Tori Stafford's killer was moved from a prison to a healing lodge under the Prime Minister's watch. The Prime Minister can run, but he cannot hide from his responsibility, so why does he not finally do the right thing today and fix this mistake?

JusticeOral Questions

October 4th, 2018 / 2:50 p.m.
See context

Karen McCrimmon Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Mr. Speaker, that particular inmate was reclassified from maximum security to medium security under the previous government. We believe that we have the correctional services in place. They are the professionals and the ones who know these cases, and to discuss this on an individual basis in this place is not appropriate.