Evidence of meeting #39 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was parent.
A recording is available from Parliament.
5:10 p.m.
Liberal
Gary Merasty Liberal Desnethé—Missinippi—Churchill River, SK
If one parent is unable financially but it's in the best interests of the child to get to Winnipeg, but they're just on welfare and have no means to travel, would this “ensure” cover that?
5:10 p.m.
Senior Counsel, Family Law Policy, Department of Justice
If the court orders access and there's this issue, again it's more in terms of what evidence is before the court. If the lawyer representing the parent who doesn't have means makes the case for the child to see the parent before the parent passes away, then it's important that provisions be made for the cost of exercising the access. The courts will take that into consideration, and there are cases where courts have ordered the other parent to pay for the access costs. It's very frequent that the costs are borne by the parent who can afford them.
5:10 p.m.
Liberal
Gary Merasty Liberal Desnethé—Missinippi—Churchill River, SK
My next question concerns both parents not being able to afford it. Is the province or somebody else able to...? Can a judge step over that line?
5:10 p.m.
Senior Counsel, Family Law Policy, Department of Justice
That may be a question of going beyond our area of jurisdiction. The provinces are responsible for enforcing orders, so I can't see how we could legislate that. Federally, there is a fund that provides money to provinces and territories to offer services to families. It might be that the fund could be used for that purpose. That certainly would be an excellent use of that money.
5:10 p.m.
Liberal
Gary Merasty Liberal Desnethé—Missinippi—Churchill River, SK
Again, I'm supportive of the bill, but how about in the potential situation in which a child is in care of the province and you have the Department of Justice potentially on one side and the province's social services department on the other side, arguing over the best interest? Does that potentially set up a conflict? Who, in the end, is going to decide on the best interests? Obviously the judge will, but is there any potential of something lurking in the hallway that may jeopardize that when a child is in care?
5:10 p.m.
Senior Counsel, Family Law Policy, Department of Justice
I'm just trying to see how, in the Divorce Act context, that would work if a child is in care, because that would probably be more under a family relations act or a provincial family law act.
5:10 p.m.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Merasty.
That brings to a conclusion this particular discussion on Bill C-252. I would like to thank the departmental officials for coming forward. We will have one other session dealing with this particular....
Mr. Petit has a point of order.
5:10 p.m.
Conservative
Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC
One of the two witnesses talked about a federal fund to support parents. Is that what the fund is called? Do you know the exact name of this fund?
5:10 p.m.
Senior Counsel, Family Law Policy, Department of Justice
I hope I have the correct name, which i believe is the Child-centered Family Justice Fund.
5:10 p.m.
Conservative
5:10 p.m.
Senior Counsel, Family Law Policy, Department of Justice
—child-centered.
5:10 p.m.
Conservative
The Chair Conservative Art Hanger
That's not a point of order, Mr. Petit.
If there are going to be any other amendments brought to the bill, they will be done on Wednesday, after which we will do clause-by-clause. It would be good to have them put forward.
I will now suspend for one minute. We will then go into an in camera session on the remaining business as noted on the agenda, that being the subcommittee's solicitation laws report.
[Proceedings continue in camera]