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.

Justice

[Andrew Scheer, Conservative, Leader of the Opposition]

Mr. Speaker, on April 8, 2009, Tori Stafford was walking home from school alone for the very first time, but she never made it home. She was lured away by a promise to see a puppy and was brutally raped and murdered.

We have learned that one of the people responsible for this heinous crime has been transferred to a healing lodge. Canadians were shocked to hear this news.

I want to give the Prime Minister the opportunity to tell the House whether he intends to reverse this decision.

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, our hearts go out to Tori Stafford's family for their loss.

The minister has asked the commissioner of the Correctional Service of Canada to review these kinds of decisions to ensure that they are appropriate and consistent with long-standing policy.

[Andrew Scheer, Conservative, Leader of the Opposition]

Mr. Speaker, Canadians are not looking for a review; they are looking for action. They want to see the government reverse this decision.

Will the Prime Minister do what he has the power to do and reverse this decision?

[Justin Trudeau, Liberal, Prime Minister]

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

The minister has asked that the commissioner of correctional services review such decisions to ensure they are done properly and in accordance with long-standing policy.

[Andrew Scheer, Conservative, Leader of the Opposition]

Mr. Speaker, that is not what the minister said. The minister said that he trusted the officials to ensure that the killers' bad practices were addressed. These were not bad practices; they were horrific crimes and they deserve to be punished.

The Prime Minister has the ability to reverse this decision. Will he do so?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, as mentioned by the then minister of correctional services and public safety, the member for Lévis—Bellechasse, “I”, the minister, “do not control the security classification of individual prisoners”. That is what the Conservative minister said in 2013.

We continue to respect our justice system to take the right decisions in the right way. The current minister has asked to ensure that all of the decisions were taken in accordance with our laws.

[Andrew Scheer, Conservative, Leader of the Opposition]

Mr. Speaker, when officials get it wrong, the government and elected representatives have an obligation to make it right.

The Prime Minister knows that the department reports to the government and that he has a variety of tools at his disposal. He needs to tell Canadians right now whether or not he intends to use every tool at his disposal to reverse this decision.

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, the individual in question was classified as a medium security risk a number of years ago and continued to be classified in 2014 when she was transferred to this new facility as medium security.

On this side of the House, we do not look to politicize tragedies like this. We expect people to do their jobs, and that is what we are ensuring will happen.

[Andrew Scheer, Conservative, Leader of the Opposition]

That is the whole point, Mr. Speaker. They are not doing their job. This is not a minimum security risk. This is a convicted killer who has been found guilty of the most horrific crimes, the types of things all parents are so fearful of.

We, as elected representatives, and the Prime Minister have an obligation and a responsibility to make it right when officials get it wrong. He knows he has the power to do that. This person bragged about stomping on the face of a fellow inmate, bragging to her friends that she had committed hateful acts in prison. Will he do the right thing and reverse this decision?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, I will let Canadians make a determination of who is politicizing this situation.

The individual in question was transferred to a medium security facility in 2014. She is still in a medium security facility now.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Speaker, Terri-Lynne McClintic was found guilty of first-degree murder and rape and torture of eight-year-old Tori Stafford. She was sentenced to life in prison. Eight years into her prison sentence, she is being moved to a healing facility. This is a bad decision by officials. On any calculus, this is a bad decision. When bad decisions were shown to us as a government, we intervened. We stopped rapist and murderer Paul Bernardo from receiving conjugal visits. We blocked child killer Clifford Olson from receiving pension benefits.

When confronted with bad decisions, a good government acts. Why is this Prime Minister not acting?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, the previous government, in 2014, transferred this individual to a medium-security facility. She is still in a medium-security facility now. The level to which the member opposite is playing politics with a terrible tragedy is yet again an example of the depths to which the members opposite continue to stoop.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Speaker, when the government members applaud, the way they do, that incredibly despicable answer, what they are applauding is the victim not getting her justice. Today we speak here for Tori Stafford. Canadians understand—

[The Speaker, Geoff Regan]

Order. We need to hear the question and of course the answer after that. Order.

The hon. member for Milton.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Speaker, as I was saying, the difficulty with a government receiving a bad decision is that the decision has to be made then to act. We acted every single time we found out that a bad decision that infuriates Canadians was made. This is a terrible decision. It is despicable. Why are the government and the Prime Minister not acting?