I would also point out that the Canadian Bar Association has a document outlining their perspective on the best interests of the child.
The first point from the Canadian Bar Association—and I don't believe this is reflective just of family law—is that the best interests of the child is a “substantive right” and should be “a primary consideration in actions concerning the child due to the child's dependency, maturity, legal status and often ‘voicelessness’ [in society]”.
Second, the Canadian Bar Association outlines with respect to the best interests of the child that it is in fact an “interpretative principle”, noting, “if a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen”.
Third, the Canadian Bar Association points out that the best interests of the child refers to a “rule of procedure”, which includes “legal representation, timely decisions, reasons for how a decision was reached, how factors were weighed, and how the child's views were considered.”
Fourth, the best interests of the child, according to the Canadian Bar Association, is “a substantive right and guiding principle that covers all [Convention on the Rights of the Child] rights, is aimed at the child’s holistic development and requires a rights based approach that promotes the child’s human dignity: adult judgment, and cannot override a child's rights.” I don't believe this is subject solely to family law
I will also point out that I have a quick analysis by the Library of Parliament. They have a number of examples of where a child's best interests lie, and they go beyond family law. This also relates to the treatment of indigenous children through, for example, An Act respecting First Nations, Inuit and Métis children, youth and families. There are numerous other cases that I'd be happy to share with the committee. That was done very quickly, but I did get that from the Library of Parliament. They gave me 50 different examples of where the best interests of the child is in Canadian law at the provincial and federal levels.
I'm just going to say that in response.
As to my next question, last year, the privacy commissioners across the country all signed a special resolution of the federal, provincial and territorial privacy commissioners and ombuds with responsibility for privacy oversight, which specifically highlights putting the best interests of young people at the forefront of privacy and access to personal information.
Mr. Schaan, do you agree with the use of the term “best interests of the child” in the joint declaration of every single privacy commissioner, including the Privacy Commissioner of Canada, which was put out in October 2023?